LIBRARY 


UNIVERSITY  OF  CALIFORNIA. 


•31  FT 


Class 


THE 

School  Laws 
Annotated 


OF  THE 


State  of  Colorado 

As  Amended  to  Date 
January  1,  1912 


The  Smith-Brooks  Company,  State  Printers 
Denver,  Colorado 


In  the  preparation  of  this  work  I  am  justly  indebted  to 
Miss  Emily  Griffith,  deputy  state  superintendent,  whose 
wide  experience  in  matters  of  school  law,  and  whose 
zeal  and  energy  in  all  matters  of  this  department  have 
made  her  services  in  this  connection  especially  invalu»- 
able,  and  also  to  Mr.  I.  B.  Melville  of  the  Denver  Bar, 
who  so  kindly  offered  to  review  the  manuscript  before 
it  passed  into  the  hands  of  the  printer 


NOTE 

This  volume  contains  the  complete  school  laws 

of  Colorado,  all  provisions  of  the  enabling  act  and 

•Institution   of  the  state  pertaining   to  public 

"hools,  and  the  general  provisions  of  the  laws 

'Htablishiug  the  different  state  educational  insti- 

tutions, including  the  industrial  schools  for  boys 

<nid  girls,  revised  to  January  1,  1912. 

These  laws  have  been  alphabetically  arranged 
under  appropriate  headings,  with  all  decisions  of 
the  appellate  courts  of  this  state  and  of  this  de- 
\xirtment  construing  or  relating  to  any  portion  of 
the  law  placed  under  the  section  containing  the 
same. 

Your  attention  is  respectfully  called  to  the 
fact  that  while  these  laws  are  distributed  free  to 
all  school  officers,  it  should  be  remembered  that 
(lici/  belong  to  the  office  and  not  to  the  individual, 
ami  so  should  be  preserved  and  turned  over  to 
your  successors. 


Superintendent  of  Public  Instruction. 
Denver,  Colorado,  January  1,  191%. 

228787 


EXPLANATORY  NOTE 

Section  numbers  used  in  this  edition  for  the  enabling  act 
and  Colorado  constitution  are  the  corresponding  numbers  used 
in  the  Revised  Statutes  of  Colorado  of  1908. 

Numbers  at  the  beginning  of  each  section  of  the  law  proper, 
commencing  with  "Alcoholic  Drinks,"  are  our  own.  The  number 
at  the  end  of  each  such  section  is  the  corresponding  number  of 
the  section  of  the  Revised  Statutes. 

This  edition  of  the  school  law  is  to  be  known  as  the  "School 
Laws  Annotated."  In  referring  to  a  section  thereof — for  instance, 
section  25 — the  reference  should  be  "S-.  L.  A.  25." 

The  letters  "R.  S."  mean  Revised  Statutes.  The  figures  fol- 
lowing are  the  corresponding  sections  of  such  statutes,  but  are 
used  herein  for  identification  only,  and  not  for  reference;  for 
instance,  "R.  S.  25"  means  section  25  of  the  Revised  Statutes  of 
Colorado  of  1908. 

The  letters  and  figures  "S.  L.  '09"  or  "S.  L.  '11"  refer  to  the 
official  Session  Laws  of  Colorado  for  the  year  1909  or  1911.  The 
numbers  following  are  the  pages  of  such  official  laws;  for  in- 
stance, "S.  L.  '09,  p.  26,"  means  the  corresponding  portion  of  the 
law  found  on  page  26  of  the  Session  Laws  of  Colorado  of  1909. 

The  letters  "C."  and  "C.  A."  mean  Colorado  Supreme  Court 
Reports  and  Colorado  Court  of  Appeals,  respectively.  The  num- 
bers preceding  are  the  numbers  of  the  volumes,  and  the  numbers 
following  are  the  pages  of  such  volume.  For  instance,  "4  C.  25" 
refers  to  the  decision  found  in  the  fourth  volume  of  the  Colorado 
reports,  beginning  at  page  25. 

The  paragraphs  in  the  smallest  type,  following  the  word 
"Note,"  are  either  references  to  other  provisions  of  the  law  or  in 
explanation  of  general  provisions,  but  are  not  to  be  considered  in 
any  sense  as  decisions  of  this  department. 

The  paragraphs  in  small  type  designated  "a"  and  "&,"  etc., 
are  points  of  law  decided  by  our  Colorado  Supreme  Court  or 
Court  of  Appeals,  and  are  followed  by  the  title  of  the  case  and 
the  number  and  page  of  the  volume  in  which  found.  For  in- 
stance, "Smith  v.  Jones.  4  C.  25,"  refers  to  the  official  decision, 
entitled  "Smith  v.  Jones',"  beginning  at  page  25  of  volume  4  of  the 
Supreme  Court  Reports  of  Colorado. 

The  paragraphs  in  small  type,  numbered  consecutively 
under  each  section  of  the  law  to  which  they  refer,  are  the  official 
decisions  of  the  various  state  superintendents  of  public  instruc- 
tion rendered  since  the  establishment  of  such  office— excepting 
that  those  are  omitted  which  have  been  overruled  or  modified  by 
our  Colorado  courts — and  have  the  effect  of  court  decisions  until 
overruled  or  set  aside  by  the  courts  of  this  state.  The  numbers, 
however,  do  not  refer  to  the  order  in  which  such  decisions  were 
rendered,  but  are  used  herein  for  reference  only.  For  instance, 
in  referring  to  decision  3  under  section  2  of  the  law,  one  should 
say,  "Decision  3,  section  2,  School  Laws  Annotated."  In  writing 
the  same,  the  abbreviation  would  be,  "Decision  3,  §  2,  S.  L.  A." 


Provisions  of  the  Enabling  Act 


AND 


Constitution 
of  the  State  of  Colorado 

Pertaining  to  Public  Schools 


THE  ENABLING  ACT 


7.  Lands  for  schools.  The  sections  numbered 
sixteen  and  thirty-six  in  every  township,  and  where 
such  sections  have  been  sold  or  otherwise  disposed 
of  by  any  act  of  congress,  other  lands  equivalent 
thereto  in  legal  subdivisions  of  not  more  than  one 
quarter-section,  and  as  contiguous  as  may  be,  are 
hereby  granted  to  said  state  for  the  support  of  com- 
mon schools. 

*  *  *  *  *  *  * 

10.  Seventy-two  sections  for  university.  That, 
seventy- two  other  sections  of  land  shall  be  set  apart 
and  reserved  for  the  use  and  support  of  a  state  uni- 
versity, to  be  selected  and  approved  in  manner  as 

5 


§§14-15  ENABLING  ACT 

aforesaid,  and  to  be  appropriated  and  applied  as  the 
legislature  of  said  state  may  prescribe  for  the  pur- 
pose named  and  for  no  other  purpose. 

*  *  *  *  *  *    •         * 

14.  School   lands — how   sold — price.    That  the 
two  sections  of  land  in  each  township  herein  granted 
for  the  support  of  common  schools,  shall  be  disposed 
of  only  at  public  sale,  and  at  a  price  not  less  than 
two  dollars  and  fifty  cents  per  acre,  the  proceeds 
to  constitute  a  permanent  school  fund,  the  interest 
of  which  is  to  be  expended  in  the  support  of  com- 
mon schools. 

Trustee's  sale  void,  when. 

a.  A  trustee's  sale  of  school  lands  not  in  accordance 
with  the  terms  of  trust  absolutely  void. — City  of  Denver  v. 
Kent,  1  C.  336 

15.  Mineral  lands  excepted.     That  all  mineral 
lands   shall   be    excepted   from  the    operation    and 
grants  of  this  act. 

Indemnity  lands. 

Note.  This  section  should  be  construed  in  connection  with 
section  7,  supra,  in  that  if  sections  16  or  36  in  any  township  are 
mineral  in  character,  other  sections  are  selected  by  the  state  in 
lieu  thereof,  and  when  any  lands  are  selected  in  lieu  of  sections 
16  or  36,  or  portions  thereof,  such  selected  land  is  known  as 
"Indemnity  Land." 


CONSTITUTION 


ARTICLE  IV 

EXECUTIVE   DEPARTMENT 

1.  Term  of  office — residence — duties — seat  of 
government.  The  executive  department  shall  con- 
sist of  a  governor,  lieutenant-governor,  secretary  of 
state,  auditor  of  state,  state  treasurer,  attorney- 
general,  and  superintendent  of  public  instruction, 
each  of  whom  shall  hold  his  office  for  the  term  of 
two  years,  beginning  on  the  second  Tuesday  of  Jan- 
uary next  after  his  election;  *  *  *  The  officers 
of  the  executive  department,  except  the  lieutenant- 
governor,  shall,  during  their  term  of  office,  reside  at 
the  seat  of  government,  where  they  shall  keep  the 
public  records,  books  and  papers.  They  shall  per- 
form such  duties  as  are  prescribed  by  this  constitu- 
tion or  by  law. 

******* 

3.  State    officers — election — returns — canvass — 
contests.     The  officers  named  in  section  one  of  this 
article  shall  be  chosen  on  the  day  of  the   general 
election,  by  the  qualified  electors  of  the  state  *  *  *. 

4.  Eligibility — first  election — thereafter — age — 
residence.    No  person  shall  be  eligible  to  ttie  office 
of  governor,  lieutenant-governor,  or  superintendent 
of  public  instruction,  unless  he  shall  have  attained 
the  age  of  thirty  years.     *     *     *     and  in  addition 
to  the  qualifications  above  prescribed  therefor,  he 
shall  be  a  citizen  of  the  United  States,  and  have  re- 


§S  6-8-16  CONSTITUTION  Art.  iv 

sided  within  the  limits  of  the  state  two  years  next 
preceding  his  election. 

*  *  *  *  *  *  # 

6.  Governor  appoint  officers — vacancy — election 
— senate  confirms.  *  *  *  If  the  office  of  auditor 
of  state,  state  treasurer,  secretary  of  state,  attorney- 
general,  or  superintendent  of  public  instruction, 
shall  be  vacated  by  death,  resignation  or  otherwise, 
it  shall  be  the  duty  of  the  governor  to  fill  the  same 
by  appointment,  and  the  appointee  shall  hold  his 
office  until  his  successor  shall  be  elected  and 
qualified  in  such  manner  as  may  be  provided  by- 
law. *  *  * 


8.  Governor  demand  information  from  officers. 
The  governor  may  require  information  in  writing 
from  the  officers  of  the  executive  department  upon 
any  subject  relating  to  the  duties  of  their  respective 
offices,  which  information  shall  be  given  upon  oath 
whenever  so  required;  he  may  also  require  informa- 
tion in  writing  at  any  time,  under  oath,  from  all 
officers  and  managers  of  state  institutions,  upon  any 
subject  relating  to  the  condition,  management  and 
expenses  of  their  respective  offices  and  institu- 
tions. *  *  * 


16.  Officers  keep  account  of  moneys — semi- 
annual reports.  An  account  shall  be  kept  by  the 
officers  of  the  executive  department  and  of  all  pub- 
lic institutions  of  the  state,  of  all  moneys  received 
by  them  severally  from  all  sources,  and  for  every 
service  performed,  and  of  all  moneys  disbursed  by 


Arts,  iv-v  CONSTITTTIOX  §§17-19-20-25 

them   severally,   and   a    semi-annual   report   thereof 
shall  be  made  to  the  governor,  under  oath. 

17.  Officers  executive  department — biennial  re- 
port— governor  transmit.  The  officers  of  the  execu- 
tive department,  and  of  all  public  institutions  of 
tin1  state,  shall,  at  least  twenty  days  preceding  each 
regular  session  of  the  general  assembly,  make  full 
Miid  complete  reports  of  their  actions  to  the  gov- 
ernor, who  shall  transmit  the  same  to  the  general 

assembly. 

******* 

19.  Officers  receive  salary — fees  paid  into  treas- 
ury.    The  officers  named  in  section  1  of  this  article 
shall  receive  for  their  services  a  salary  to  be  estab- 
lished by  law,  which  shall  not  be  increased  or  di- 
minished during  their  official  terms.    It  shall  be  the 
duty  of  all  such  officers  to  collect  in  advance  all  fees 
prescribed  by   law  for  services  rendered   by  them 
severally,  and  pay  the  same  into  the  state  treasury. 

20.  Superintendent    of   public    instruction,    ex 
officio  librarian.     The  superintendent  of  public  in- 
struction shall  be  ex  officio  state  librarian. 

******* 

ARTICLE  V 

SPECIAL   LEGISLATION 

*  *  *  *  *  *  * 

25.     Special  legislation  prohibited.    The  general 

assembly  shall  not  pass  local  or  special  laws  in  any 

of  the  following  enumerated  cases,  that  is  to  say; 

providing  for  the  management  of  common 

schools    *    *   '*. 

Local  or  special  laws. 

a.  An  act  providing  for  the  annexation  and  consolida- 
tion of  school  districts  organized  under  the  general  school 

9 


§§  1-4  CONSTITUTION  Art.  vii 

laws  and  those  organized,  under  special  charter  is  in  contra- 
vention of  section  25,  article  5,  of  the  constitution,  which 
prohibits  the  general  assembly  from  passing  local  or  special 
laws  for  the  management  of  common  schools. — In  re  School 
Dist.,  26  C.  136 

********* 

ARTICLE  VII 

SUFFRAGE   AND    ELECTIONS 

1.  Citizenship.  Every  person  over  the  age  of 
twenty-one  years,  possessing  the  following  qualifica- 
tions, shall  be  entitled  to  vote  at  all  elections:  He 
or  she  shall  be  a  citizen  of  the  United  States,  and 
shall  have  resided  in  the  state  twelve  months  im- 
mediately preceding  the  election  at  which  he  offers 
to  vote,  and  in  the  county,  city,  town,  ward  or  pre- 
cinct, such  time  as  may  be  prescribed  by  law. 

Residence  in  city,  town,  ward  and  precinct. 
Note.  Section  146  provides,  in  addition  to  above,  that  such 
person  shall  reside  in  this  state  one  year  immediately  preceding 
the  election  at  which  he  offers  to  vote;  in  the  county,  ninety 
days;  in  the  city  or  town,  thirty  days;  and  in  the  ward  or  pre- 
cinct, ten  days;  and  section  143  provides  that  to  vote  at  school 
election,  the  elector  must  live  in  the  school  district  thirty  days. 

Wife  of  alien  when  naturalized. 

1.  The  wife  of  an  alien  becomes  naturalized  upon  the 
naturalization  of  her  husband,  and  is  a  citizen,  as  the  term 
is  used  in  the  school  law. 

2.  A  foreign  woman  who  marries  a  citizen  of  the  United 
States  becomes  herself  a  citizen,  and  in  Colorado  becomes  a 
qualified  elector. 

4.    Absence  in  civil  or  military  service.    For  the 

purpose  of  voting  and  eligibility  to  office,  no  person 
shall  be  deemed  to  have  gained  a  residence  by  rea- 
son of  his  presence,  or  lost  it  by  reason  of  his  ab- 
sence, while  in  the  civil  or  military  service  of  the 
state,  or  of  the  United  States,  nor  while  a  student 
at  any  institution  of  learning,  nor  while  kept  at  pub- 

10 


Art.  vii  CONSTITUTION  §§5-6-10 

lie  expense  in  any  poorhouse  or  other  asylum,  nor 
while  confined  in  public  prison. 

5.  Privilege  of  voters.    Voters  shall  in  all  cases, 
except  treason,  felony  or  breach  of  the  peace,  be 
privileged  from   arrest  during  their  attendance   at 
elections,  and  in  going  to  and  returning  therefrom. 

6.  Electors  only  eligible  to  office.     No  person 
except  a  qualified  elector  shall  be  elected  or   ap- 
pointed to  any  civil  or  military  office  in  the  state. 

Qualification  of  elector. 

1.  In  addition  to  other  qualifications,  a  person  to  be 
eligible  to  the  office  of  county  superintendent  must  have  re- 
sided in  the  county  at  least  one  year  preceding  his  election. 

2.  The  length  of  residence  required  in  Colorado  to  con- 
stitute eligibility  to  the  office  of  school  director  is  twelve 
months. 

3.  The  fact  that  two  members  of  a  school  board  are  af 
one  family,  and  the  further  fact  that  another  member  be- 
came  a   resident   of   the    district   for   the    sole   purpose   of 
becoming  an  officer,   so  long  as  he   is   an   actual   resident, 
would  not  affect  the  regularity  of  the  organization  of  the 
board. 

4.  There  is  nothing  in  the  laws  of  Colorado  to  prevent 
a  person  who  fills  the  office  of  district  judge  from  also  filling 
that  of  school  director,  the  two  offices  belonging  to  an  en- 
tirely different  class. 

5.  The  fact  that  an  elector  is  not  a  taxpayer  does  not 
disqualify  him  from  holding  office,  either  by  election  or  by 
appointment. 

********* 

10.  Prisoners  disqualified — restoration — pardon 
or  full  service.  No  person  while  confined  in  any 
public  prison  shall  be  entitled  to  vote;  but  every 
such  person  who  was  a  qualified  elector  prior  to 
such  imprisonment,  and  who  is  released  therefrom 
by  virtue  of  a  pardon,  or  by  virtue  of  having  served 
out  his  full  term  of  imprisonment,  shall,  without 
further  action,  be  invested  with  all  the  rights  of 

11 


§§  1-5  CONSTITUTION  Art.  viii 

citizenship,  except  as  otherwise  provided  in  this  con- 
stitution. 


ARTICLE  VIII 

STATE   INSTITUTIONS 

1.  Charitable  institutions  established.  Educa- 
tional, reformatory  and  penal  institutions,  and  those 
for  the  benefit  of  the  insane,  blind,  deaf  and  mute, 
and  such  other  institutions  as  the  public  good  may 
require,  shall  be  established  and  supported  by  the 

state,  in  such  manner  as  may  be  prescribed  by  law. 

*  #  *  *  *  *  # 

5.  State  institutions — properties  and  moneys- 
location.  The  following  educational  institutions,  to- 
wit:  The  University  at  Boulder,  the  Agricultural 
College  at  Fort  Collins,  the  School  of  Mines  at  Gol- 
den, and  the  Institute  for  the  Education  of  Mutes 
(which  shall  hereafter  be  known  as  Colorado  School 
for  Deaf  and  Blind),  at  Colorado  Springs,  are  here- 
by declared  to  be  institutions  of  the  state  of  Colo- 
rado, and  the  management  thereof  subject  to  the 
control  of  the  state,  under  the  provisions  of  the 
constitution,  and  such  laws  and  regulations  as  the 
general  assembly  may  provide,  and  the  location  of 
said  institutions,  as  well  as  all  gifts,  grants  and  ap- 
propriations of  money  and  property,  real  and  per- 
sonal, heretofore  made  to  said  several  institutions, 
are  hereby  confirmed  to  the  use  and  benefit  of  the 
same  respectively;  Provided,  This  section  shall  not 
apply  to  any  institution,  the  property,  real  or  per- 
sonal, of  which  is  now  vested  in  the  trustees,  there- 
of, until  such  property  be  transferred  by  proper 
conveyance,  together  with  the  control  thereof,  to 

H  12 


Art.  viii  CONSTITUTION  §5 

the  officers  provided  for  the  management  of  said  in- 
stitution by  this  constitution  or  by  law;  and,  Pro- 
vided further,  That  the  regents  of  the  University 
may,  whenever  in  their  judgment  the  needs  of  the 
institution  demand  such  action,  establish,  maintain 
and  conduct  all  but  the  first  two  years  of  the  de- 
partments of  medicine,  dentistry  and  pharmacy,  of 
the  University,  at  Denver;, and,  Provided  further, 
That  nothing  in  this  section  shall  be  construed  to 
prevent  state  educational  institutions  from  giving 
temporary  lecture  courses,  commonly  called  * '.Uni- 
versity extension  work,"  and  "Farmers  Institute 
and  Short  Courses,"  in  any  part  of  the  state,  or 
conducting  class  excursions  for  the  purpose  of  in- 
vestigation and  study. — Const.  Amend.  8.  L.  '09,  p.  324 
Note.  See  generally  state  educational  institutions. 

Locations  state  institutions  changed  when. 

a.  The  location  of  the  agricultural  college,  and  certain 
other  institutions,   having  been   fixed  by  the   constitution, 
such  location  cannot  be  changed  except  by  amendment  of  the 
constitution.— State  Institutions,  9  C.  626 

Classifications  of  appropriations. 

b.  In  the  absence  of  a  legislative  preference,  appropria- 
tions far  the  state  educational,  reformatory  or  penal  institu- 
tions have,  in  case  of  a  deficiency  of  the  revenue,  no  prece- 
dence over  other  appropriations. — Parks  v.  Soldiers1  Home, 
22  C.  86 

Internal  improvement  includes  what. 

c.  The  phrase  "internal  improvement,"  as  used  in  sec- 
tion 12  of  the  enabling  act,  does  not  include  public  buildings, 
such  as  asylums,   state  houses,  universities,   or  any  other 
public  buildings  of  like  character,  and  the  fund  created  by 
the  proceeds  derived  under  such  section  cannot  be  applied 
to  the  construction  of  such  buildings. — In  re  Public  Imp. 
Fund,  24  C.  247 


13 


§§  1-2-3  CONSTITUTION  Art.  ix 

ARTICLE  IX 

EDUCATION 

1.  Board     of    education — members — president. 

The  general. supervision  of  the  public  schools  of  the 
state  shall  be  vested  in  a  board  of  education,  whose 
powers  and  duties  shall  be  prescribed  by  law;  the 
superintendent  of  public  instruction,  the  secretary 
of  state  and  attorney-general  shall  constitute  the 
board,  of  which  the  superintendent  of  public  instruc- 
tion shall  be  president. 

Note.  Superintendent  of  public  instruction  an  officer  of 
executive  department. — Art.  IV,  §  1. 

2.  Qualifications  of  superintendent.— Art.  IV,  §  4. 

3.  Ex  offlcio  state  librarian.— Art.  IV,  §  20. 

2.,  Free  schools — one  in  each  district — three 
months.  The  general  assembly  shall,  as  soon  as 
practicable,  provide  for  the  establishment  and  main- 
tenance of  a  thorough  and  uniform  system  of  free 
public  schools  throughout  the  state,  wherein  all  resi- 
dents of  the  state  between  the  ages  of  six  and 
twenty-one  years  may  be  educated  gratuitously. 
One  or  more  public  schools  shall  be  maintained  in 
each  school  district  within  the  state,  at  least  three 
months  in  each  year;  any  school  district  failing  to 
have  such  school  shall  not  be  entitled  to  receive  any 
portion  of  the  school  fund  for  that  year. 

Establishment  of  schools  mandatory. 

a.  Section  2,  article  9,  of  the  constitution,  providing 
for  the  establishment  and  maintenance  of  a  system  of  free 
public  schools,  is  mandatory,  and  requires  affirmative  action 
by  the  legislature,  and  is  not  a  limitation  of  its  powers  to 
provide  free  schools  far  children  under  the  age  of  six  years. 
— In  re  Kindergarten  Schools,  18  C.  234 

3.  School  fund  inviolate — state  treasurer  custo- 
dian. The  public  school  fund  of  the  state  shall  for- 

14 


Art.  ix  CONSTITUTION  §§4-5 

ever  remain  inviolate  and  intact;  the  interest  there- 
on shall  only  be  expended  in  the  maintenance  of  the 
schools  of  the  state,  and  shall  be  distributed  amongst 
the  several  counties  and  school  districts  of  the  state, 
in  such  manner  as  may  be  prescribed  by  law.  No 
part  of  this  fund,  principal  or  interest,  shall  ever  be 
transferred  to  any  other  fund,  or  used  or  appro- 
priated except  as  herein  provided.  The  state  treas- 
urer shall  be  the  custodian  of  this  fund,  and  the 
same  shall  be  securely  and  profitably  invested  as 
may  be  by  law  directed.  The  state  shall  supply  all 
losses  thereof  that  may  in  any  manner  occur. 

4.  County  treasurer  collect  and  disburse — war- 
rants.   Each  county  treasurer  shall  collect  all  school 
funds    belonging   to    his    county,    and    the    several 
school  districts  therein,  and  disburse  the  same  to  the 
proper  districts  upon  warrants  drawn  by  the  county 
superintendent  or  by  the  proper  district  authorities, 
as  may  be  provided  by  law. 

5.  School  fund — of  what  consists.     The  public 
school  fund  of  the  state  shall  consist  of  the  pro- 
ceeds of  such  lands  as  have  heretofore  been,  or  may 
hereaf ter^  be,  granted  to  the  state  by  the  general 
government   for   educational   purposes;    all   estates 
that  may  escheat  to  the  state ;  also  all  other  grants, 
gifts  or  devises  that  may  be  made  to  this  state  for 
educational  purposes. 

When  land  escheats  to  the  state  and  becomes  part  of  the 

school  fund. 

1.  If  a  person  dies  intestate  and  has  no  heirs,  if  he  has 
lands  and  owes  no  debts,  or  if  there  is  sufficient  other  prop- 
erty to  pay  debts  so  as  to  have  the  land  intact,  upon  proper 
procedure  in  court  to  determine  the  fact  that  there  are  no 
heirs,  then  the  land  would  escheat  to  the  state  and  become 
part  of  the  school  land  or  fund.  In  case  any  funds  remain 

15 


§§6-7  CONSTITUTION 

in  the  hands  of  an  administrator  after  debts  are  paid,  and 
there  are  no  heirs,  the  money  goes  into  the  co'unty  treasury 
subject  to  the  call  of  any  heirs  who  may  appear. 

6.  County     superintendent — commissioner     of 
lands.     There  shall  be  a  county  superintendent  oi' 
schools  in  each  county,  whose  term  of  office  shall  be 
two  years,  and  whose  duties,  qualifications  and  com- 
pensation shall  be  prescribed  by  law.     He  shall  be 
ex  officio  commissioner  of  lands  within  his  county, 
and  shall  discharge  the  duties  of  said  office  under 
the  direction  of  the  state  board  of  land  commission- 
ers, as  directed  by  law. 

7.  Aid  to  sectarian  schools  and  churches  for- 
bidden.     Neither    the    general   assembly,    nor    any 
county,    city,    town,    township,    school    district,    or 
other  public  corporation,  shall  ever  make  any  ap- 
propriation, or  pay  from  any  public  fund  or  moneys 
whatever,  anything  in  aid  of  any  church  or  sectarian 
society,  or  for  any  sectarian  purpose,  or  to  help  sup- 
port or  sustain  any  school,  academy,  seminary,  col- 
lege, university  or  other  literary  or  scientific  insti- 
tution,  controlled  by  any  church  or  sectarian  de- 
nomination whatsoever;  nor  shall  any  grant  or  do- 
nation of  land,  money,  or  other  personal  property, 
ever  be  made  by  the  state,  or  any  such  public  cor- 
poration, to  any  church,  or  for  any  sectarian  pur- 
pose. 

School  district  cannot  make  donation. 

a.  No  school  district  can  make  any  donation  or  grant 
to,  or  in  aid  of,  or  become  a  subscriber  or  shareholder  in  any 
corporation  or  company. — G,  C.  R.  R.  Go.  v.  Lea,  et  al.,  5  C. 
192 

Prohibition  of  the  use  of  public  school  money  for  the 

teaching  of  sectarian  doctrines. 

1.  The  constitution  of  Colorado  prohibits  the  use  of 
public  school  money  for  the  teaching  of  sectarian  tenets  or 

16 


Art.  ix  CONSTITUTION  §  8 

doctrines.  It  is  therefore  unlawful  for  a  board  af  directors 
to  require  a  teacher  to  devote  any  part  of  any  school  day  to 
religious  instruction. 

8.  Religious  test  forbidden — sectarian  tenets- 
race,  color.  No  religious  test  or  qualification  shall 
ever  be  required  of  any  person  as  a  condition  of 
ml  mission  into  any  public  educational  institution  of 
the  state,  either  as  teacher  or  student;  and  no 
teacher  or  student  of  any  such  institution  shall  ever 
be  required  to  attend  or  participate  in  any  religious 
service  whatever.  No  sectarian  tenets  or  doctrines 
shall  ever  be  taught  in  the  public  schools,  nor  shall 
any  distinction  or  classification  of  pupils  be  made 
011  account  of  race  or  color. 

Note.    See  §355. 

Directors  determine  use  of  ~Bible  in  schools. 
1.  Neither  the  constitution  of  the  state  nor  the  statutes 
touch  directly  the  reading  of  the  Bible  or  prayer  or  any 
other  form  of  religious  or  devotional  exercises,  except  to 
forbid  that  observance  or  participation  shall  be  compulsory. 
The  spirit  of  the  constitution  permits  religious  exercises  in 
school  if  nothing  sectarian  is  introduced,  and  the  trustees  do 
not  object.  The  laws  of  the  different  states  bearing  on  this 
point  differ.  In  Iowa  "neither  the  electors,  the  board  of 
directors  nor  the  sub-directors  can  exclude  the  Bible  from 
any  school  in  the  state."  In  Missouri,  on  the  other  hand, 
"the  directors  may  compel  the  reading  of  the  Bible."  In 
Dakota  "the  Bible  may  be  read  in  school  not  to  exceed  ten 
minutes  daily,  without  sectarian  comment."  In  1869  the 
Cincinnati  board  of  education  forbade  the  reading  of  the 
Bible  in  the  public  schools  of  that  city.  An  appeal  was 
taken  to  the  courts,  and  in  1870  the  superior  court  of  Cin- 
cinnati decided  against  the  board  of  education.  In  1873  the 
supreme  court  of  Ohio  reversed  this  judgment  and  sustained 
the  board  of  education.  In  delivering  their  opinion  the 
judges  "held  that  the  management  of  the  public  schools, 
being  under  the  exclusive  control  of  directors,  trustees  and 
boards  of  education,"  it  rested  with  them  solely  to  determine 
"what  instruction  should  be  given  and  what  books  should  be 
read  therein." 

17 


§§  11-12-13  CONSTITUTION  Art.  ix 

2.  The  law  of  Colorado  does  not  specify  concerning  the 
reading  of  the  Bible  in  the  public  schools,  the  school  boards 
of  the  state  having  the  right  to  specify  as  to  what  shall  be 
the  practice  in  the  matter. 

********* 

11.  Compulsory  education.     The  general  assem- 
bly may  require,  by  law,  that  every  child  of  suffi- 
cient mental  and  physical  ability,  shall  attend  the 
public  school,  during  the  period  between  the  ages 
of  six  and  eighteen  years,  for  a  time  equivalent  to 
three  years,  unless  educated  by  other  means. 

Note.    See  Kindergarten  Act,  §  233. 

12.  University — regents — election.     There  shall 
be  elected  by  the  qualified  electors  of  the  state,  at 
the  first  general  election  under  this  constitution,  six 
regents   of   the   university,    who   shall   immediately 
after  their  election  be  so  classified,  by  lot,  that  two, 
shall  hold  their  office  for  the  term  of  two  years,  two 
for  four  years,  and  two  for  six  years;  and  every 
two  years  after  the  first  election    there    shall    be 
elected  two  regents  of  the  university,  whose  term 
of  office  shall  be  six  years.    The  regents  thus  elected, 
and  their  successors,   shall   constitute   a  body   cor- 
porate, to  be  known  by  the  name  and  style  of  "The 
Regents  of  the  University  of  Colorado." 

Note.    See  generally  state  educational  institutions. 

13.  Regents  elect  president — powers.     The  re- 
gents of  the  university  shall,  at  their  first  meeting, 
or  as  soon  thereafter  as  practicable,  elect  a  president 
of  the  university,   who  shall   hold   his  office  until 
removed  by  the  board  of  regents  for  cause ;  he  shall 
be  ex  officio  a  member  of  the  board,  with  the  priv- 
ilege of  speaking,  but  not  of  voting,  except  in  cases 
of  a  tie ;  he  shall  preside  at  the  meetings  of  the 

18 


Arts,  ix-x  CONSTITUTION"  §§14-15-16-5 

board,  and  be  the  principal  executive  officer  of  the 
university,  and  a  member  of  the  faculty  thereof. 

14.  Regents     control     university — funds.     The 
hoard  of  regents  shall  have  the  general  supervision 
of  the  university,  and  the  exclusive  control  and  di- 
rection of  all  funds  of,  and  appropriations  to  the 
university. 

15.  School  districts — board  of  education.     The 
general  assembly  shall,  by  law,  provide  for  organi- 
zation of  school  districts  of  convenient  size,  in  each 
of  which  shall  be  established  a  board  of  education, 
to  consist  of  three  or  more  directors,  to  be  elected 
by  the  qualified  electors  of  the  district.     Said  di- 
rectors shall  have  control  of  instruction  in  the  pub- 
lic schools  of  their  respective  districts. 

16.  Text   books — general    assembly   nor   board 
shall  prescribe.     Neither  the  general  assembly  nor 
the  state  board  of  education  shall  have  power  to 
pivscribe  text  books  to  be  used  in  the  public  schools. 

ARTICLE  X 

REVENUE 

*  #  #  #  #  *  * 

5.  Exemption — lots — buildings  for  worship- 
schools.  Lots,  with  the  buildings  thereon,  if  said 
buildings  are  used  solely  and  exclusively  for  re- 
ligious worship,  for  schools,  or  for  strictly  chari- 
table purposes,  also  cemeteries  not  used  or  held  for 
private  or  corporate  profit,  shall  be  exempt  from 
taxation,  unless  otherwise  provided  by  general  law. 

School  buildings  and  lots  exempt  from  taxation. 

a.     The   building   and    lots    donated    for   a   theological 

school  on  condition  that  the  bishop  of  the  diocese  should  be 

the  chief  inspector  and  reside  in  the  building  in  which  such 

school  is  conducted,  is  exempt  from  taxes  under  the  pro- 

19 


§§  10-13  CONSTITUTION  Art.  x 

visions  of  our  constitution  and  statutes  exempting  lots  and 
buildings  from  taxes  where  the  buildings  are  used  solely  and 
exclusively  for  schools. — Bishop  and  Chapter  v.  Treasurer, 
29  C.  143 

Income  for  school  purposes  exempt  taxation, 
ft.  Exemption  from  taxation  is  not  limited  to  property 
in  actual  and  necessary  use  for  school  purposes,  such  as 
school  buildings,  campus  and  the  like,  but  includes  all  the 
property  and  income  from  which  and  the  use  of  which  is 
exclusively  devoted  to  school  purposes  and  which  is  neces- 
sary in  carrying  out  such  design. — Colorado  Seminary  v. 
County  Comrs.,  30  C.  507 

Church  property  not  taxable,  when. 

1.  In  case  a  district  rents  a  classroom  from  one -of  the 
churches  of  a  town  for  school  purposes,  such  renting  would 
not  make  the  church  property  taxable. 

#  *  *  #  »  #  • 

10.  Corporations  subject  to  tax.  All  corpora- 
tions in  the  state,,  or  doing  business  therein,  shall  be 
subject  to  taxation  for  state,  county,  school,  mu- 
nicipal and  other  purposes,  on  the  real  and  personal 
property  owned  or  used  by  them  within  the  terri- 
torial limits  of  the  authority  levying  the  tax. 


13.    Making   profits    on   public    money    felony. 

The  making  of  profit,  directly  or  indirectly,  out  of 
state,  county,  city,  town  or  school  district  money, 
or  using  the  same  for  any  purpose  not  authorized 
by  law,  by  any  public  officer,  shall  be  deemed  a 
felony,  and  shall  be  punished  as  provided  by  law. 

School  board  cannot  loan  district  money. 
1.     A  school  board  cannot  legally  loan  the  money  of  the 
district. 


20 


Art.  xi  CONSTITUTION  §§  1-2 

ARTICLE  XI 

PUBLIC   INDEBTEDNESS 

1.  Lending     or     pledging     credit     forbidden. 

Neither  the  state,  nor  any  county,  city,  town,  town- 
ship or  school  district,  shall  lend  or  pledge  the  credit 
or  faith  thereof,  directly  or  indirectly,  in  any  man- 
ner to  or  in  aid  of,  any  person,  company  or  corpora- 
tion, public  or  private,  for  any  amount  or  for  any 
purpose  whatever,  or  become  responsible  for  any 
debt,  contract  or  liability  of  any  person,  company 
or  corporation,  public  or  private,  in  or  out  of  the 
state. 

2.  Aid  to  corporations — interest  in — forbidden 
except.     Neither  the  state  nor    any    county,    city, 
town,  township   or   school  district  shall   make  any 
donation  or  grant  to,  or  in  aid  of,  or  become  a  sub- 
scriber to,  or  shareholder  in,    any    corporation  or 
company,  or  a  joint  owner  with  any  person,  com- 
pany or  corporation,  public  or  private,  in  or  out  of 
the  state,  except  as  to  such  ownership  as  may  ac- 
crue to  the ,  state  by  escheat  or  by  forfeiture,  by 
operation  or  provision  of  law ;  and  except  as  to  such 
ownership  as  may  accrue  to  the  state,  or  to  any 
county,  city,  town,  township  or  school  district,  or 
to  either  or  any  of  them,  jointly  with  any  person, 
company  or  corporation,  by  forfeiture  or  sale  of  real 
estate  for  non-payment  of  taxes,  or  by  donation  or 
devise  for  public  use,  or  by  purchase  by  or  on  behalf 
of  any  or  either  of  them,  jointly  with  any  or  either 
of  them,  under  execution  in  cases  of  fines,  penalties 
or  forfeiture  of  recognizance,  breach  of  condition  of 
official  bond,  or  of  bond  to  secure  public  moneys,  or 

21 


§§7-4-8  CONSTITUTION  Arts,  xi-xii 

the  performance  of  any  contract  in  which  they  or 

any  of  them  may  be  jointly  or  severally  interested. 

******* 

7.  Loans  for  school  buildings — vote — qualifica- 
tion. No  debt  by  loan  in  any  form  shall  be  con- 
tracted by  any  school  district  for  the  purpose  of 
erecting  and  furnishing  school  buildings,  or  purchas- 
ing grounds,  unless  the  proposition  to  create  such 
debt  shall  first  be  submitted  to  such  qualified  elec- 
tors of  the  district  as  shall  have  paid  a  school  tax 
therein,  in  the  year  next  preceding  such  election, 
and  a  majority  of  those  voting  thereon  shall  vote 
in  favor  of  incurring  such  debt. 

Debt  incurred  must  be  by  a  vote  of  electors. 
1.  The  constitution  of  Colorado  prohibits  the  creation 
of  a  debt  by  loan  for  building  purposes  in  any  other  way 
than  by  a  vote  of  the  electors.  While  a  certificate  of  indebt- 
edness cannot  be  considered  a  loan,  strictly  speaking,  the 
courts  would  probably  construe  it  to  be  prohibited  by  the 
same  constitutional  provision  when  issued  to  cover  a  debt 
incurred  by  building. 


ARTICLE  XII 

OFFICERS 

******* 

4.  Embezzlement  disqualifies  from  office.  No 
person  hereafter  convicted  of  embezzlement  of  pub- 
lic moneys,  bribery,  perjury,  solicitation  of  bribery, 
or  subornation  of  perjury,  shall  be  eligible  to  the 
general  assembly,  or  capable  of  holding  any  office 

of  trust  or  profit  in  this  state. 

******* 

8.  Civil  officers — oath.  Every  civil  officer,  ex- 
cept members  of  the  general  assembly  and  such  in- 

22 


Arts,  xii-xiv  CONSTITUTION  §§9-10-11-12-8 

ferior  officers  as  may  be  by  law  exempted,  shall,  be- 
fore he  enters  upon  the  duties  of  his  office,  take  and 
subscribe  an  oath  or  affirmation  to  support  the  con- 
stitution of  the  United  States  and  of  the  state  of 
Colorado,  and  to  faithfully  perform  the  duties  of 
the  office  upon  which  he  is  about  to  enter. 

9.  Oaths,  where  filed — with  whom.     Officers  of 
the  executive  department  and  judges  of  the  supreme 
and  district  courts,  and  district  attorneys,  shall  file 
their  oaths   of  office  with   the   secretary   of  state; 
every  other  officer  shall  file  his  oath  of  office  with 
the  county  clerk  of  the  county  wherein  he  shall  have 
been  elected. 

10.  Refusal  to  qualify — vacancy.     If  any  per- 
son elected  or  appointed  to  any  office  shall  refuse 
or  neglect  to  qualify  therein  within  the  time  pre- 
scribed by  law,  such  office  shall  be  deemed  vacant. 

11.  Vacancy— term  of  officer  elected  to  fill.  The 
term  of  office  of  any  officer  elected  to  fill  a  vacancy 
shall  terminate  at  the  expiration  of  the  term  during 
which  the  vacancy  occurred. 

12.  Duel — challenge — disqualifies  for  office.    No 
person  who  shall  hereafter  fight  a  duel,  or  assist  in 
the  same  as  a  second,  or  send,  accept  or  knowingly 
carry  a  challenge  therefor,  or  agree- to  go  out  of  the 
state  to  fight  a  duel,  shall  hold  any  office  in  the 
state. 

ARTICLE  XIV 

COUNTIES 

##**#*# 

8.  County  superintendent,  etc. — election.  There 
shall  be  elected  in  each  county  at  the  same  time  at 
which  members  of  the  general  assembly  are  elected, 


§§9-10  CONSTITUTION  Art.  xiv 

commencing  in  the  year  nineteen  hundred  and  four, 
one  county  clerk,  who  shall  be  ex  officio  recorder  of 
deeds  and  clerk  of  the  board  of  county  commission- 
ers ;  one  sheriff ;  one  coroner ;  one  treasurer,  who 
shall  be  collector  of  taxes ;  one  county  superintend- 
ent of  schools ;  one  county  surveyor ;  one  county  as- 
sessor; and  one  county  attorney,  who  may  be 
elected,  or  appointed,  as  shall  be  provided  by  law; 
and  such  officers  shall  be  paid  such  salary  or  com- 
pensation, either  from  the  fees,  perquisites  and 
emoluments  of  their  respective  offices,  or  from  the 
general  county  fund,  as  may  be  provided  by  law. 
The  term  of  office  of  all  such  officials  that  expire  in 
January,  1904,  is  hereby  extended  to  the  second 
Tuesday  in  January,  A.  D.  1905. 

9.  Vacancies — how  filled.    In  case  of  a  vacancy 
occurring  in  the  office  of  county  commissioner,  the 
governor  shall  fill  the  same  by  appointment ;  and  in 
the  case  of  a  vacancy  in  any  other  county  office,  or 
in  any  precinct  office,  the  board  of  county  commis- 
sioners shall  fill  the  same  by  appointment;  and  the 
person  appointed  shall  hold  the  office  until  the  next 
general  election,  or  until  the  vacancy  be  filled  by 
election  according  to  law. 

10.  Elector  only  eligible.     No  person  shall  be 
^eligible  to  any  county  office  unless  he  be  a  qualified 
elector;   nor  unless  he   shall  have   resided  in  the 
county  one  year  preceding  his  election. 

Not  a  taxpayer  does  not  disqualify. 

1.    The  fact  that  an  elector  is  not  a  taxpayer  does  not 
disqualify  him  from  holding  office,  either  by  election  or  by 

appointment. 

********* 

24 


Art.  xiv  CONSTITUTION  §15 

Qualification — ceases  to  be  'director,  when. 
2.  The  law  requires  that  a  person  who  desires  to  be  a 
candidate  for  a  school  director  must  reside  in  the  district, 
and  it  necessarily  follows  that,  in  order  to  remain  such 
director  after  election,  he  must  continue  to  reside  therein, 
and  when  he  permanently  removes  from  the  district,  he 
ceases  at  that  instant  to  be  a  director. 

15.  Classifying1  counties  as  to  fees.  For  the  pur- 
pose of  providing  for  and  regulating  the  compen- 
sation of  county  and  precinct  officers  the  general 
assembly  shall  by  law  classify  the  several  counties 
of  the  state  according  to  population,  and  shall  grade 
and  fix  the  compensation  of  the  officers  within  the 
respective  classes  according  to  the  population  there- 
of. Such  law  shall  establish  scales  of  fees  to  be 
charged  and  collected  by  such  of  the  county  and 
precinct  officers  as  may  be  designated  therein  for 
services  to  be  performed  by  them  respectively;  and 
where  salaries  are  provided,  the  same  shall  be  pay- 
able only  out  of  the  fees  actually  collected  in  all 
cases  where  fees  are  prescribed.  All  fees,  per- 
quisites and  emoluments  above  the  amount  of  such 
salaries  shall  be  paid  into  the  county  treasury. 


25 


School  Law's  Annotated 


ALCOHOLIC  DRINKS  AND  NARCOTICS 


1.  Nature  and  effect  of  alcoholic  drinks  and 
narcotics  be  taught.  That  the  nature  of  alcoholic 
drinks  and  narcotics,  and  special  instructions  as  to 
their  effects  upon  the  human  system,  in  connection 
with  the  several  divisions  of  the  subject  of  physi- 
ology and  hygiene,  shall  be  included  in  the  branches 
of  study  taught  in  the  public  schools  of  the  state, 
and  shall  be  studied  and  taught  as  thoroughly,  and 
in  the  same  manner  as  other  like  required  branches 
are  in  said  schools,  by  the  use  of  text  books,  desig- 
nated by  the  board  of  directors  of  the  respective 
school  districts,  in  the  hands  of  pupils  where  other 
branches  are  thus  studied,  in  said  schools,  and  by 
all  pupils  in  all  said  schools  throughout  the  state. 
— R.  8.  6011 

Note.  The  state  board  of  health  shall,  from  time  to  time, 
recommend  standard  works  on  the  subject  of  hygiene  for  the  use 
of  the  schools  of  the  state. — R.  S.  5010. 

Saloon  certain  distance  from  school. 

a.  The  state  legislature  has  authority  to  regulate  the 
traffic  of  intoxicating  liquors,  and  such  authority  under  con- 
stitutional restrictions  can  be  delegated  to  cities  and  towns; 
and  an  ordinance  prescribing  the  distance  a  saloon  may  be 
maintained  from  the  school  building  is  valid. — Keil  Kopf  v. 
Denver,  19  C.  325 

Requires  study  of  hygiene  and  physiology  in  schools. 
1.     The  act  providing  for  the  study  of  the  nature  of 
alcoholic  drinks  and  narcotics,   and  their  effect  upon  the 

27 


^23-4          ALCOHOLIC  DRINKS  AND  NARCOTICS 

human  system,  requires  the  study  of  physiology  and  hygiene 
in  all  the  public  schools  throughout  the  state. 

Prohibiting  sale  intoxicating  liquors  to  minors. 

2.  Sections  1811  to  1815,  Revised  Statutes,  prohibits  the 
sale  of  intoxicating  liquors  to  minors,  and   prohibits  any 
keeper  of  a  saloon,  gambling  house,  billiard  hall,  house  of  ill- 
fame,  or  obscene  plays  from  allowing  any  minor  therein, 
except  when  accompanied  by  his  parent  or  guardian. 

Distance  saloon  from  school  building. 

3.  The  laws  of  Colorado  make  no  provision  concerning 
the  distance  a  saloon  may  be  maintained  from  a  schoal  build- 
ing. 

2.  Officers  enforce  provisions   of  act — penalty 
for  failure.     That  it  shall  be  the  duty  of  the  proper 
officers  in  control  of  any  school,   described  in  the 
foregoing  section  to  enforce  the  provisions  of  this 
act ;  and  any  such  officer,  school  director,  committee, 
superintendent  or  teacher,  who  shall  refuse,  fail  or 
neglect   to   comply   with   the   requirements    of   this 
act,  or  shall  neglect,  refuse  or  fail  to  make  proper 
provisions  for  the  instruction  required,  and  in  the 
manner  specified  by  the  first  section  of  this  act,  for 
all  pupils  in  each  and  every  school  under  his  or  her 
jurisdiction  shall  be  removed  from  office,   and  the 
vacancy  filled  as  in  other  cases.  —R.  8.  6012 

Note.     Vacancies,  §111. 

CIGARETTES 

3.  Unlawful  to  give  or  sell  cigarettes  to  persons 
under  sixteen.    It  shall  be  unlawful  for  any  person 
or  persons  to  give  or  sell  cigarettes  to  any  person 
or  persons  under  the  age  of  sixteen  years.—  R.  s.  600 

TOBACCO 

4.  Penalty  for  giving  or  selling  tobacco  to  per- 
sons under  sixteen  without  written  order.    Any  per- 
son who  shall  sell,  give  or  furnish  any  tobacco,  or 

28 


ALCOHOLIC  DRINKS  AND  NARCOTICS  §4 

articles  made  in  whole  or  in  part  of  tobacco  to  any 
child  under  16  years  of  age  without  the  written 
order  of  the  father  or  guardian  of  such  child,  shall 
be  fined  not  less  than  five  dollars,  nor  more  than 
one  hundred, dollars,  or  imprisonment  in  the  county 
jail  not  more  than  three  months.— R.  8.  601 


APPEALS 

5.  From  district  board  to  county  superintend- 
ent.   Any  person  aggrieved  by  any  decision  or  order 
of  the  district  board  of  directors,  in  matter  of  law 
or  fact,  may,  within  thirty  days  after  the  rendition 
of  such  decision,  or  making  of  such  order,  appeal 
therefrom    to    the    county    superintendent    of    the 
proper  county. — R.  8.  6000. 

Courts  no  right  to  interfere  in  decisions  of  state  board. 

a.  Section    5    of    the    School    Laws    Annotated     au- 
thorizes the  county  superintendents  to  entertain  an  appeal 
from  the  action  of  the  school  board  in  closing  school,  and 
clothes  such  officer  with  jurisdiction  to  hear  and  determine 
the  matter,  subject  to  appeal,  as  provided  for  by  section  11, 
to  the  state  board  of  education,  the  latter  decision  being 
final;    and  such  proceeding  being  provided  by  statute,  the 
courts  have  no  right  to  interfere. — School  District  v.  County 
Superintendent,  36  C.  393 

Courts  can  inquire  into  final  decision. 

b.  The  statutory  provisions  conferring  power  upon  dis- 
trict school  boards,  county  superintendents  and  the  state 
board  of  education  to  decide  questions  of  law  and  fact,  and 
making  the  decision  of  the  county  superintendent  final  un- 
less appealed  from,  and  if  appeal  to  the  state  board  making 
its  action  final,  does  not  make  such   decision  final  in  the 
sense  that  the  courts  cannot  inquire  into  their  correctness. — 
People  v.  VanHorn,  20  C.  A.  215 

6.  Affidavit.     The  basis  of  the  proceeding  shall 
be  an  affidavit  filed  by  the  party  aggrieved,  with 
the  county  superintendent,  within  the  time  for  tak- 
ing the  appeal.—^.  8.  6001 

7.  Contents  of  affidavit.    The  affidavit  shall  set 
forth  the  errors  complained  of  in  a  plain  and  con- 
cise manner.  —R.  s.  6002 

8.  Superintendent  notify  secretary— transcript. 
The  county  superintendent  shall,  within  five  days 

30" 


APPEALS  §§9-10-11 

after  the  filing  of  such  affidavit  in  his  office,  notify 
•  the  secretary  of  the  proper  district,  in  writing,  of 
the  taking  of  such  appeal,  and  the  latter  shall,  with- 
in ten  days  after  being  thus  notified,  file  in  the  office 
of  the  county  superintendent  a  complete  transcript 
of  the  record  and  proceedings  relating  to  the  de- 
cision complained  of,  which  shall  be  certified  to  be 
correct  by  the  secretary.—  R.  s.  6003 

9.  Notice  to  parties.     After  the  filing  of  the 
transcript,  aforesaid,  in  his  office,  he  shall  notify,  in 
writing,  all  persons  adversely  interested,  of  the  time 
and  place  where  the  matter  of  the  appeal  will  be 
heard  by  him. — R.  8.  6004 

10.  Hearing  appeal — oaths.     At  the  time  thus 
fixed  for  hearing,  he  shall  hear  testimony  for  either 
party,  and  for  that  purpose  may  administer  oaths, 
if  necessary,  and  he   shall  make  such  decision   as 
may  be  just  and  equitable,  which  shall  be  final,  un- 
less appealed  from,  as  hereinafter  provided. — R.  S.  6005 

11.  Appeal  from  county  superintendent  to  state 
board  of  education.     Any  person  or  district  board 
aggrieved  by  any  decision  or  order  of  the  county 
superintendent  in  a  matter  of  law    or    fact,    may, 
within  thirty  days  after  the  rendition  of  such  de- 
cision or  making  of  such  order,  appeal  therefrom  to 
the  state  board  of  education,  in  the  same  manner 
as  provided  in  this  act  for  taking  appeal  from  the 
district    board    to    the    county    superintendent    as 
nearly  as  applicable.     In  case  of  an  appeal,  where 
a  trial  has  been  had  before  the  county  superintend- 
ent and  a  decision  rendered,  the  state  board  of  edu- 
cation shall  examine  a  transcript  of  such  proceed- 
ing and  render  a  decision  therefrom,   but  no  new 

3L 


§  11  APPEALS 

testimony  shall  be  admitted.  In  other  cases  of  ap- 
peal the  said  board  may  require  of  the  parties  such 
papers  and  documents  as  may  be  thought  necessary, 
they  may  issue  subpoenas  and  compel  witnesses  to 
attend  and  testify,  and  the  said  board  shall  have 
the  power  to  administer  oaths  through  its  president. 
The  decision  of  said  board,  or  a  majority  of  said 
board,  shall  be  rendered  by  the  president,  and  such 
decision,  when  made,  shall  be  final.  When  an  ap- 
plicant for  a  certificate  at  a  regular  examination 
shall  feel  aggrieved  at  the  decision  of  the  county 
superintendent,  and  shall  appeal  to  the  state  board 
of  education  the  questions  used  and  answers  given 
shall  be  examined  by  the  said  board,  and  if  the  de- 
cision of  the  county  superintendent  be  reversed,  the 
state  board  of  education  shall  issue  to  the  appellant 
a  certificate  of  such  grade  as  the  answers  shall  war- 
rant; Provided,  That  a  good  moral  character  and 
success  as  a  teacher  be  shown. — R.  8.  6006 

Teacher  discharged  need  not  appeal. 

a.  A  public  school  teacher  engaged  for  a  specific  term, 
who  is  discharged  without  cause,  need  not  rely  upon  the 
statutory  right  of  appeal  from  the  decision  of  the  board,  but 
may  bring  action  to  recover  in  the  courts;  and  the  rule  in 
the  teacher's  hand-book  that  the  tenure  of  office  of  all  teach- 
ers, regardless  of  contract,  shall  be  at  the  pleasure  of  the 
board,  is  no  defense  to  such  action. — School  District  v.  Hale, 
15  C.  367 

Mandamus  not  control  discretion. 

6.  Mandamus  will  not  lie  to  control  the  discretion  of  a 
public  school  official. — Keefe  M.  &  I.  Go.  v.  School  District, 
33  C.  513 

Courts  can  inquire  into  final  decisions. 

c.  The  statutory  provisions  conferring  power  upon  dis- 
trict school  boards,  county  superintendents  and  the  state 
board  of  education  to  decide  questions  of  law  and  fact,  and 
making  the  decision  of  the  county  superintendent  final  un- 
less appealed  from,  and  if  appealed  to  the  state  board  mak- 

32 


APPEALS  §  11 

ing  its  action  final,  does  not  make  such  decision  final  in  the 
sense  that  the  courts  cannot  inquire  into  their  correctness. 
—People  v.  VanHorn,  20  C.  A.  215 

State  board  cannot  change  boundaries. 

d.  The  state  board  of  education  has  no  power,  upon 
appeal  from  the  county  superintendent,  to  change  the  bound- 
aries of  a  school  district  as  established  by  the  electors. — 
People  v.  VanHorn,  20  C.  A.  215 

Electors  fix  boundaries  new  distrjct. 

e.  After  a  petition  to  organize  a  new  school  district  out 
of  a  portion  of  one  or  more  old  districts  has  been  presented 
to  the  county  superintendent,  and  he  is  determined  that  the 
school  interests  will  be  best  promoted  by  such  organization, 
the  sole  power  to  determine  the  organization  of  such  district 
and  the  boundaries  thereof  is  vested  in  the  electors;   and 
such  a  district  cannot  be  organized  or  its  proposed  or  estab- 
lished boundaries  changed  by  the  board  of  directors,  the 
county  superintendent,  or  the  state  board  of  education. — 
People  v.  VanHorn,  20  C.  A.  215 

Court  can  review  validity  of  decision  of  state  board. 

f.  In  a  mandamus  proceeding  to  compel  a  county  super- 
intendent to  perform  a  ministerial  duty,  a  decision  of  the 
state  board  of  education  being  pleaded  in  defense,  and  the 
jurisdiction  of  the  state  .board  to  render  the  decision  and  the 
correctness  thereof  are  raised  by  the  reply,  the  court  has 
jurisdiction  to  determine  the  validity  of  such  decision. — 
People  v.  Van  Horn,  20  C.  A.  215 

Appeal — when,  how  and  ly  whom  taken. 

1.  An  appeal  to  the  state  board  of  education  cannot  be 
taken  except  by  a  person  or  board  of  directors  aggrieved  by 
an  order  or  decision  of  the  county  superintendent. 

2.  It  is  not  good  practice  for  one  county  superintendent 
to  overrule  the  decision  of  a  former  county  superintendent 
upon  the  same  point,  but  the  person  feeling  aggrieved  should 
file  a  protest  in  writing  with  the  present  county  superin- 
tendent,  who   should   confirm   the   former   ruling,   and   the 
aggrieved   person   can   then   appeal   to  the  state  board   of 
education,    in    accordance    with    section    11,    School    Laws 
Annotated. 

Appeal  from  grading  examination  papers. 

3.  Neither  the  state  superintendent  of  public  instruc- 
tion nor  the  state  board  of  education  have  the  power  to 
compel  a  county  superintendent  to   recognize  examination 
papers  prepared  under  the  supervision  of  the  county  super- 


§  12  APPEALS 

intendent  of  another  county,  as  this  is  mere  matter  af 
comity  between  county  superintendents,  and  therefore,  when- 
ever a  teacher  appeals  from  the  refusal  of  a  county  superin- 
tendent to  accept  such  papers  and  mark  them  and  issue  a 
certificate  thereon,  the  board  of  education  has  no  other 
course  than  ta  dismiss  the  appeal. 

4.  In  case  of  appeal  from  the  decision  of  county  super- 
intendent to  the  state  board  of  education  by  an  applicant  for 
certificate  at  a  regular  examination,  the  certificate,  if  any, 
issued   to   said   applicant   upon   such   examination,   should 
accompany  the  papers  sent  ta  the  state  board. 

5.  The  state  board  of  education  has  no  authority  to 
pass  upon  a  teacher's  examination  papers  except  on  formal 
appeal. 

May  continue  school  during  pendency  of  appeal. 

6.  A  person  holds  a  certificate  that  expires  September  8. 
He  begins  school  under  contract  on  September  1.     He  fails 
to  obtain  a  certificate  in  the  examination  held  on  August 
29-30,  and  appeals  to  the  state  board  of  education.     Held, 
that  he  may  continue  his  school  during  the  pendency  of  an 
appeal. 

State  board  may  order  certificate  issued. 

7.  The  state  superintendent  has  no  authority  to  grant 
a  certificate  to  teach  except  when  directed  to  do  so  by  a  vote 
of  the  state  board  of  education  in  cases  of  appeal  or  upon  a 
state  examination. 

Appeal  from  change  of  boundary. 

8.  In  the  absence  of  a  showing  to  the  contrary,  it  will 
be  presumed  that  the  county  superintendent  complied  with 
the  law  in  hearing  and  determining  the  appeal,  and  there- 
fore that  the  change  of  boundary  was  properly  made;   but 
even  in  the  absence  of  such  showing,  as  these  two  districts 
have  continued  to  exercise  undisputed  the  prerogatives  and 
enjoy  the  privileges  of  legally  formed  districts  for  a  period 
of  nearly  twelve  years,  they  will  now  be  considered  legally 
formed  districts. 

9.  The  action  of  the  county  superintendent  in  dividing 
a  district  or  forming  a  new  district  can  be  reviewed  only  on 
the  ground  of  his  abuse  of  discretion. 

12.  No  judgment  for  money.  Nothing  in  this 
act  shall  be  so  construed  as  to  authorize  either  the 
county  superintendent  or  the  state  board  to  render 

34 


APPEALS  §  12 


a  judgment  for  money;  neither  shall  they  be  al- 
lowed any  other  compensation  than  is  allowed  by 
law.  All  necessary  postage  must  first  be  paid  by 
the  party  aggrieved. — R.  8.  6007 


BONDS 

SCHOOL   DISTRICT   BONDS 

13.  Submitting  question  of  contracting  bonded 
indebtedness.  The  board  of  directors  of  any  school 
district  may  submit  at  any  regular  or  special  elec- 
tion called  for  the  purpose,  to  such  qualified  electors 
of  the  district  as  shall  have  paid  a  school  tax  there- 
in in  the  year  next  preceding  such  election  the 
question  of  contracting  a  bonded  indebtedness  for 
the  purpose  of  erecting  and  furnishing  school  build- 
ings or  purchasing  ground,  or  for  funding  floating 
debts.— s.  L. '05,  p.  494 

Lien  law  not  applicable  to  school  buildings. 
a.     The  provisions  of  the  mechanics'  lien  law  cannot  be 
applied  to  public  school  buildings. — Florman  v.  School  Dist., 
6  C.  A.  319 

No  provision  for  petition. 

1.  No  provision  is  made  by  law  for  petitioning  the 
school  board  to  call  an  election  for  voting  bonds. 

Qualifications  for  voting  on  bonds. 

2.  If  a  person  has  paid  any  one  year's  school  tax  during 
the  year  immediately  preceding  the  election  regarding  the 
question  of  refunding  bonds,  and  is  otherwise  qualified,  he  is 
entitled  to  vote  at  such  election. 

3.  If  real  estate  is  in  the  names  of  both  man  and  wife, 
even  though  the  tax  receipt  shows  but  one  name,  both  are 
legal  voters. 

4.  If  a  man  has  given  his  wife  part  of  his  real  estate, 
but  no  deed  has  yet  been  given  to  the  wife,  even  though  she 
has  paid  taxes  upon  the  same,  she  has  not  the  right  to  vote. 

5.  A  person  who  has  been  assessed  for  taxes,  but  has  as 
yet  paid  no  taxes  in  the  district,  would  not  be  entitled  to 
vote. 

6.  If  property  is  in  the  wife's  name,  but  the  tax  receipt 
is  in  the  husband's  name,  the  wife  would  have  the  right  to 
vote,  and  not  the  husband. 

36 


BONDS  §  13 

7.  On  the  question  of  bonding  a  district,  those  electors 
have  the  right  to  vote  "who  have  paid  a  school  tax  therein 
in  the  year  next  preceding  the  said  meeting."  The  word 
"year"  is  construed  to  mean  the  twelve  months  immediately 
preceding  the  meeting  or  election. 

.  8.  In  the  case  of  a  woman  and  her  husband,  each  own- 
ing property,  the  woman's  property  being  real  estate,  and 
the  county  records  showing  that  she  is  the  bona  fide  owner 
of  the  property  and  pays  the  taxes,  the  fact  that  in  listing 
the  property  of  the  husband  and  wife  the  assessor  made  only 
one  list,  and  that  in  the  husband's  name,  would  not  take 
away  the  right  of  the  woman  to  vote  at  a  school  meeting 
called  to  vote  upon  bonded  indebtedness;  but  the  woman 
should  be  provided  with  a  tax  receipt  or  a  certified  statement 
from  the  county  treasurer,  showing  that  she  has  paid  a  tax 
for  the  year  preceding  the  date  upon  which  the  question  af 
the  bonded  indebtedness  was  decided. 

9.  Voters  who  have  paid  a  school  tax  within  the  year 
upon  property  which  at  the  time  of  the  tax  was  paid  in 
another  school  district,  but  at  the  time  they  offered  to  vote 
on  the  question  of  issuing  bonds  was  by  annexation  in  the 
district  where  they  offered  to  vote,  are  legally  qualified  to  so 
vote. 

Certificate  of  indebtedness. 

10.  The  constitution  of  Colorado  prohibits  the  creation 
of  a  debt  by  loan  for  building  purposes  in  any  other  way 
than  by  a  vote  of  the  electors.    While  a  certificate  of  indebt- 
edness cannot  be  considered  a  loan,  strictly  speaking,  the 
courts  would  probably  construe  it  to  be  prohibited  by  the- 
same  constitutional  provision  when  issued  to  cover  a  debt 
incurred  by  building. 

11.  There  is  no  authority  in  law  for  issuing  certificates 
of   indebtedness   by   school   districts.     However,   it   is   fre- 
quently done  to  tide  over  a  difficult  year. 

Funding  floating  debts. 

12.  A  special  election  may  be  held  for  the  purpose  of 
submitting  the  question  of  bonding  the  district  for  funding 
floating  debts  within  the  limit  specified  in  section  13. 

In  consolidated  districts. 

13.  There  is  no  statute  which  makes  several  districts, 
consolidated  under  the  act  of  1909,  liable  for  the  bonded 
indebtedness  of  one  of  the  districts.    It  seems  that  the  prop- 
erty originally  bonded  will  have  to  pay  the  indebtedness  due. 

37 


§  14  BONDS 

In  joint  districts. 

14.  Bonded  indebtedness  may  be  contracted  by  a  joint 
district  in  just  the  same  manner  as  by  a  single  district;  pro- 
vided that  the  law  is  complied  with  in  each  county  so  as  to 
have  the  taxes  assessed  upon  all  property  in  the  district. 

14.  Amount  of  bonded  indebtedness  first  deter- 
mined by  board.  The  amount  of  the  bonded  indebt- 
edness proposed  to  be  contracted  shall,  prior  to  such 
submission  to  said  electors,  be  determined  by  said 
board  of  directors  but  in  no  event  shall  the  aggre- 
gate amount  of  bonded  indebtedness  of  any  school 
district  of  the  first  or  second  class  exceed  five  per 
centum  or  of  any  school  district  of  the  third  class 
three  and  one-half  per  centum  of  the  assessed  value 
of  the  property  in  such  district  for  the  year  next 
preceding  the  date  of  said  bonds. — 8.  L.  '09,  p.  494 

Maximum  amount  issued. 

1.  In  estimating  a  maximum  amount  of  bonds  that  can 
be  issued  by  a  school  district,  the  estimate  must  be  based 
upon  the  last  complete  assessed  valuation. 

Cannot  create  debt,  except. 

2.  A  school  district  has  no  right  to  create  a  debt,  except 
through  bonding  in  accordance  with  the  provisions  of  section 
13,  provided  that  warrants  may  be  issued  after  the  annual 
levy  has  been  made  and  the  funds  to  pay  them  are  actually 
in  the  treasury;  but  the  total  sum  of  such  warrants  must  not 
exceed  the  revenue  of  the  district  for  the  year  in  which  they 
are  issued. 

3.  In  regard  to  the  method  of  raising  money  to  build  a 
school  building,  the  law  prohibits  the  issuing  of  warrants  in 
excess  of  the  revenues  of  the  district  for  the  current  year; 
therefore  an  arrangement  for  issuing  warrants  payable  in 
one,  two  and  three  years,  the  qualified  voters  to  vote  a  levy 
to  be  collected  in  one,  two  and  three  years  to  pay  the  war- 
rants, would  not  be  legal.    The  voters  have  no  authority  to 
vote  a  levy  except  far  the  current  year.    It  would,  therefore, 
only  be  possible  to  raise  the  money  by  voting  bonds  for  the 
amount  if  the  electors  do  not  wish  to  levy  the  whole  tax  in 
one  year. 


BONDS  §§15-16-17 

Certificates  of  indebtedness. 

4.  No  warrants  can  be  issued  in  excess  of  the  revenue, 
but  a  certificate  of  indebtedness  should  be  issued,  payable 
out  of  the  revenues  of  the  succeeding  year;  and  it  would  be 
the  duty  of  the  board  during  the  succeeding  year  to  draw  a 
warrant  for  its  payment. 

15.  Notices  of  election  posted.    Notices  of  said 
election   shall   be   posted   in   at   least   three   public 
places  in  the  district,  and  at  each  polling  place  at 
least  twenty  days  before   said  election,   and,  if  a 
newspaper  is  published  in  said  district,  said  notice 
shall  also  be  published  therein  once  a  week  for  four 
consecutive  weeks    next    preceding    such    election. 
Snid  notice  shall  specify  the  purpose  of  said  elec- 
tion, the  date  and  the  voting  place  or  places,  and 
the  time  during  which  the  ballot  box  or  boxes  shall 
be  kept  open,   not  less  however  than  three  hours. 

—X.  L.  '(/!),  p.  494 

Ballot  box,  when  open. 

1.  It  is  lawful  for  the  ballot  box,  for  voting  on  the  ques- 
tion of  bonding  the  district,  to  be  open  at  the  same  time  as 
the  one  for  the  election  of  school  officers. 

16.  Number  of  voting  places.     In  districts  of 
the  first  class  the  school  board  may  order  more  than 
one  voting  place  in  the  district,  fix  the  voting  places 
and  the  limits  of  the  voting  precincts. 

The  president,  secretary  and  treasurer  of  the  dis- 
trict school  board  may  act  as  judges  of  the  election 
or  said  board  may  appoint  three  judges  and  the 
necessary  clerks  for  each  election  precinct  in  said 
district  and  should  any  of  the  judges  be  absent  at 
tin1  opening  of  the  polls,  the  electors  present  shall 
appoint  a  legal  voter  to  fill  the  vacancy.— s.  L.  '09,  p.  495 

17.  Form  of  ballot.    Each  elector  voting  at  said 
election  shall    deposit    in    the    ballot  box  a  ballot 

39 


§§18-19  BONDS 


whereon  shall  be  printed  or  written  the  words: 
"For  the  bonds"  and  the  words  "Against  the 
bonds,"  and  shall  indicate  his  approval  or  disap- 
proval of  the  proposition  submitted  by  placing  a 
cross  (X)  opposite  the  group  of  words  on  his  ballot 
which  expresses  his  choice— #.  L.  '09,  p.  495 

18.,  Any  person  may  be  challenged  by  qualified 
elector.  Any  person  offering  to^vote  at  said  election 
may  be  challenged  by  any  legally  qualified  elector 
of  the  district  and  any  one  of  the  judges  of  elec- 
tion shall  thereupon  administer  to  the  person  chal- 
lenged an  oath  as  follows: 

"You  do  swear  (or  affirm)  that  you  are  a  citi- 
zen of  the  United  States ;  that  you  have  resided  in 
the  state  of  Colorado  twelve  months  immediately 
preceding  this  election;  that  you  are  twenty-one 
years  of  age;  that  you  have  resided  in  this  district 
thirty  days  next  preceding  this  election  and  that 
you  have  paid  a  school  tax  within  this  school  dis- 
trict in  the  year  next  preceding  this  election;  and 
that  you  have  not  voted  at  this  election,  so  help  you 
God  (or  under  the  pains  and  penalties  of  perjury)." 

If  he  shall  refuse  to  take  such  oath  or  affirma- 
tion his  vote  shall  be  rejected.  The  judges  may, 
however,  reject  the  vote  of  any  person  offering  to 
vote  if  in  their  judgment  said  voter  is  not  qualified 
according  to  law,  whether  said  voter  takes  said 
oath  or  not. — &  L.  '09,  p.  495 

19.  Returns  certified  immediately  after  polls 
close.  Immediately  after  the  close  of  the  polls  the 
judges  in  each  voting  precinct  shall  open  the  ballot 
box  and  count  the  ballots  and  promptly  thereafter 
certify  the  result  to  the  board  of  directors  of  the 

40 


BONDS  §§20-21 

district.  Said  board  shall,  promptly  after  receiving 
said  returns,  open  them,  canvass  the  vote,  and  de- 
termine the  result  of  the  election,  and  said  determi- 
nation shall  be  entered  in  the  minutes  of  the  meet- 
ing of  said  board. — 8.  L.  '09,  p.  496 

20.  Coupon  bonds  issued — when  payable.    If  it 
shall  appear  that  a. majority  of  all  the  votes  cast 
are  "For  the  bonds"  the  board  of  directors,  as  soon 
as  practicable,  shall  issue  coupon  bonds  of  the  dis- 
trict in  denominations  of  $100,  $500  or  $1,000,  or  all 
or  either  of  such  denominations  or  any  combination 
of  said   denominations   as"  circumstances   may   re- 
.quire,  bearing  interest  at  not  exceeding  eight  per 
cent,  per  annum  in  districts  of  the  third  class  and 
not  exceeding  six  per  cent,  per  annum  in  districts 
of  the  first  and  second    classes,    payable    semi-an- 
•nually,  and  redeemable  at  the  pleasure  of  the  dis- 
trict at  any  time  after  a  date  to  be  fixed  by  said 
board  not  less  than  ten  or  more  than  twenty  years 
after  date,  and  payable  at  a  date  to  be  fixed  by  said 
board  not  less  than  twenty  nor  more  than   fortv 
years  from  date,  the  principal  and  interest  payable 
at  the  office  of  the  treasurer  of  the  county  in  which 
said  district   or  the  greater  part  thereof  may   be 
situated,  and  said  board  also  may  make  either  the 
principal  or  interest  or  both  payable  at  some  bank- 
ing house  in  either  the  cities  of  New  York  or  Boston 
or  Chicago,  at  the  option  of  the  holder.— 8.  L.  '09,  p.  496 

21,  Bonds  payable  to  bearer — how  signed.    The 
bonds  issued  under  the  provisions  of  this  act  shall 
be  payable  to  bearer.    The  board  of  directors  of  the 
district  is  authorized  to  prescribe  the  form  of  such 
bonds  and  the  coupons  thereto.     Said  bonds  shall 

41 


§  22  BONDS 

recite  the  title  of  the  act  under  which  they  are  is- 
sued, shall  be  signed  by  the  president  of  the  board 
of  directors,  countersigned  by  the  county  treasurer 
and  bear  the  seal  of  the  district  and  the  coupons 
thereto  annexed  shall  be  signed  by  the  president  of 
the  school  board,  by  original  or  engraved  signature. 
—8.  L.  '09,  p.  496 

22.  County  commissioners  assess  tax  for  pay- 
ment— how  paid.  "Whenever  any  school  district 
shall  issue  bonds  under  the  provisions  of  this  act, 
it  shall  be  the  duty  of  the  board  of  county  commis- 
sioners of  the  county  in  which  said  district  may  be 
situated  to  levy  and  assess  a  tax  on  the  taxable 
property  of  said  district  in  amount  sufficient  to  pay  • 
the  interest  coupons,  when  the  same  shall  become 
due,  according  to  their  tenor  and  effect,  and  the 
county  treasurer  shall  collect  the  same  as  other 
taxes  are  collected,  in  cash  only,  keeping  the  same' 
separate  from  other  funds  received  by  him;  and  if 
there  shall  be  any  surplus  after  paying  the  coupons 
and  the  expense  of  collecting  such  tax,  the  treasurer 
shall,  without  delay,  pass  the  same  to  the  credit  of 
such  school  district,  and  such  fund  so  passed  to  the 
credit  of  the  district  shall  be  subject  to  the  disposal 
of  the  board  of  directors.  In  the  calendar  year  next 
preceding  the  date  fixed  by  said  board  after  which 
said  bonds  are  redeemable  and  annually  thereafter, 
until  the  full  payment  of  said  bonds,  the  said  board 
of  county  commissioners  shall  provide  by  taxation 
and  shall  collect  such  a  per  centum  of  the  principal 
of  said  bonds  as  will,  in  equal  annual  installments, 
be  sufficient  to  redeem  all  of  said  bonds  by  the  time 
they  mature;  which  amount  shall  be  assessed  and 
collected  the  same  as  the  tax  for  the  payment  of 

42 


BONDS  §22 

the  interest  coupons,  and  when  collected  shall  be 
turned  over  to  the  treasurer  of  such  school  district, 
such  money  to  be  used  only  in  the  payment  of  such 
bonds  in  their  numerical  order  beginning  with  bond 
number  one,  in  the  manner  as  follows:  The  treas- 
urer of  such  school  district,  immediately  after  re- 
ceiving the  money  as  aforesaid,  shall  advertise  in 
some  newspaper  published  in  his  county,  if  there 
be  any,  and  if  not,  in  the  newspaper  published  near- 
est the  county  seat  of  said  county,  once  a  week  for 
four  consecutive  weeks,  that,  on  a  certain  day 
named  in  the  advertisement,  he  will  pay  certain  of 
the  district  bonds,  said  bonds  to  be  described  in  the 
advertisement  by  number  and  amount  and  date  of 
issue  and  the  advertisement  shall  further  state  that 
after  the  day  so  fixed  for  payment  the  interest  on 
the  bonds  described  as  aforesaid  shall  cease  and  de- 
termine. And  after  the  day  of  payment  fixed  in 
said  published  notice  the  bonds  so  called  shall  cease 
to  draw  interest.  The  said  payment  shall  be  made  at 
the  office  and  in  the  presence  of  the  treasurer  of  the 
county,  who  shall  cancel  the  bonds  redeemed,  and  a 
minute  of  such  cancellation  shall  be  made  on  the 
books  of  the  county  treasurer,  after  which  they  shall 
be  at  the  disposal  of  the  district  board.—  8.  L.  '09,  p.  496 

Government  land  not  taxable. 

a.  A  tax  levy  for  the  bonded  indebtedness  of  a  school 
district  must  be  limited  to  the  real  estate  taxable  at  the  time 
the  bonds  were  voted,  and,  since  government  land  Is  not 
taxable,  parties  acquiring  title  thereto  subsequent  to  the 
voting  of  the  bonds  take  it  free  from  taxation  for  such  pur- 
pose.— Callaway  v.  D.  &  R.  G.  R.  R.  Co.,  6  C.  A.  284 

Surplus  special  fund  pay  past  indebtedness. 

1.  If  any  surplus  funds  remain  in  the  special  fund  over 
what  is  necessary  to  meet  the  regular  current  expenses  of 

43 


§§23-24-25  BONDS 

the  district,  such  surplus  may  be  used  to  pay  past  indebted- 
ness. 

23.  Board  keep  record — auditor  register  bonds. 
Whenever  the  board  of  directors  of  any  school  dis- 
trict shall  issue  bonds  under  the  provisions  of  this 
act,   they   shall   enter   in   and   upon  the  records  of 
such  board  an  order  requesting  the  state  auditor  to 
register  the  bonds  in  a  book  to  be  kept  by  him  for 
that  purpose,  and  when  so  registered,  the  legality 
thereof  shall  not  be  open  to  contest  by  such  district 
or  any  person  or  corporation  on  behalf  of  such  dis- 
trict for  any  reason  whatever ;  and  a  certified  copy 
of  the  order  of  the  board  so  made  and  entered  of 
record  shall  be  furnished  the  state  auditor  by  said 
board  of  directors  and  thereupon  it  shall  be  his  duty 
to  register  said  bonds,  noting  the  name  of  the  dis- 
trict and  the  amount,  date  of  issuance  and  maturity 
and  rate  of  interest  of  said  bonds,  and  he  shall  re- 
ceive a  fee  of  ten  cents  for  registering  each  bond. 
—8.  L,  '09,  p.  497 

24.  Districts  in  city  under  special  charter.    In 

all  school  districts  which  lie  entirely  within  the 
exterior  boundaries  of  any  city  operating  under  a 
special  charter  adopted  under  the  provisions  of  ar- 
ticle XX,  of  the  constitution,  no  person  shall  be  per- 
mitted to  vote  at  any  election  called  under  the  pro- 
visions of  this  act  unless  such  person  shall  first  have 
been  registered  as  hereinafter  provided. — s.  L.  '09,  p.  498 

25.  No  new  registration  required.    For  all  such 
elections  in  the  districts  mentioned  in  section  13  no 
new  registration  shall  be  required,  except  as  here- 
inafter provided,  but  any  qualified  elector  of  any 
such  district  whose  name  is  on  the  registration  books 
used  at  the  then  last    preceding    general    election, 

44 


BONDS  §§26-27 

whether  county  or  municipal,  and  who  resides  with- 
in the  district  and  still  resides  at  the  place  desig- 
nated in  his  said  registration,  shall  be  deemed  prop- 
erly registered  for  any  such  election;  and  addi- 
tional registration  and  changes  in  registration  may 
be  made  as  hereinafter  provided. — 8.  L.  '09,  p.  498 

Note.    Section  13  referred  to  is  section  24  herein. 

26.  Registration    books    furnished    by    county 
clerk.     On  the  fourteenth  day  preceding  any  such 
election  to  be  held,  the  county  clerk  of  the  proper 
county  shall  deliver  to  the  registration  committee 
of  each  election  precinct  the  original  book  of  regis- 
tration for  that  precinct  as  prepared  and  completed 
for    the    then    next    preceding    general    election, 
whether  county  or  municipal,  and  on  the  tenth  day 
preceding  the  election  thus  to  be  held,  or  if  that  day 
be  a  legal  holiday  or  a  Sunday,  then  on  the  suc- 
ceeding  day,  the   registration  committee  for  each 
precinct  shall  sit  from  nine  o'clock  a.  m.  until  nine 
o'clock  p.  m.,  at  some  suitable  place  to  be  provided 
by  the  county  commissioners  and  centrally  located 
within  the  precinct  as  far  as  practicable,  and  shall 
place  on  the  said  book  of  registration,  next  after 
the  names  already  thereon,  the  names  of  all  qual- 
ified electors  of  the  district  residing  in  that  precinct 
who  are  not  registered  and  who  shall  present-them- 
selves  for  registration  and  comply  with  the  require- 
ments prescribed  by  the  general  registration  laws 
of  this  state.—  s.  L.  '09,  p.  498 

27.  Elector  removing  from  precinct — how  reg- 
ister.    Any  qualified  elector  whose    name    appears 
upon  any. such  book  of  registration,  but  who  has  re- 
moved from  the  precinct  in  which  he  is  registered 
to  some  other  precinct  within  such  district,  may  ap- 

45 


§  28  BONDS 

pjear  before  the  county  clerk  at  any  time  within 
five  days  prior  to  any  such  election,  and  upon 
making  oath  in  writing  as  to  his  then  present  resi- 
dence, said  county  clerk  shall  draw  a  red  line 
through  the  registration  of  such  person,  making  a 
note  as  follows: 

"Changed  19 , 

to  precinct ,  ward ," 

inserting  the  date  and  number  of  the  precinct  and 
ward  therein,  and  shall  register  in  red  ink  such  per- 
son in  the  book  of  registration  for  the  precinct  in 
which  such  person  then  resides;  and  a  change  of 
residence  within  the  same  precinct  may  be  made  in 
like  manner.  The  county  clerk  or  deputy  making 
such  a  change  shall  sign  his  name  in  the  column 
provided  for  the  signatures  of  the  registration  com- 
mittee, and  the  person  so  registered  shall  also  sign 
his  name  as  in  the  case  of  an  original  registration. 
—8.  L.  '09,  p.  499 

28.  Registration  books  kept  where.  Imme- 
diately after  completing  such  registration  said  reg- 
istration committee  shall  deliver  the  original  book 
of  registration  to  the  county  clerk,  who  shall  retain 
the  same  until  the  day  prior  to  the  election,  when  he 
shall  deliver  the  same  to  the  judges  of  election  se- 
lected by  said  board  of  directors  for  their  use  at 
such  election,  properly  certified,  but  the  county  clerk 
shall  not,  for  any  such  election,  make  and  furnish 
any  copy  of  such  registration  list  at  public  expense, 
nor  shall  he  make  any  charge  for  delivering  said 
original  books  of  registration  as  required  herein ; 
but  his  compensation  for  all  other  matters  hereby 
required  shall  be  as  fixed  by  the  registration  laws 
of  this  state.—  8.  L.  '09,  p.  499 

46 


BONDS  §§29-30 

29.  Petition  for  purging  lists.  At  any  time  prior 
to  the  delivery  of  the  original  book  of  registration 
to   the  registration  committee   of  the  precinct,    as 
herein  provided,  a  petition  for  purging  the  list  may 
be  filed  as  to  the  registration  list  appearing  therein, 
and  at  any  time  prior  to  the  seventh  day  before 
election  a  petition  may  be  filed  for  purging  the  list 
of  additional  registrations  made  as  herein  provided, 
which  petition  and  the  procedure  and  relief  there- 
under shall  be  the  same,  as  near  as  may  be,  as  pro- 
vided in  the  registration  laws  of  this  state.     And 
the  registration  and  election  laws  of  this  state  shall 
govern  in  all  matters  connected  with  the -making 
of  said  registration  except  as  herein  otherwise  pro- 
vided.— 8.  L.  '09,  p.  500 

30.  Repealing    clause — proceedings    under    re- 
pealed acts.    Sections  5942,  5943,  5944  and  5945  of 
the  Revised  Statutes  of  Colorado,  1908,  and  all  other 
acts   and  parts   of  acts   inconsistent   herewith    are 
hereby  repealed;  Provided,  That  the  repeal  of  said 
acts  and  parts  of  acts  shall  in  no  wise  affect  any 
bonds  issued  thereunder. 

Any  and  all  proceedings  heretofore  had  or  which 
are  now  being  had  or  carried  forward,  under  the  acts 
hereby  repealed  or  any,  all  or  either  of  them,  may 
be  carried  forward,  completed  or  consummated  un- 
der this  act  and  bonds  contemplated  by  such  pro- 
cedure may  be  issued  in  the  form  and  with  the 
terms  and  according  to  the  provisions  of  this  act. 
—8.  L.  '11,  p.  582 

Surplus  fund  may  be  applied  on  bonded  indebtedness. 

1.  The  extra  money  in  the  special  fund  may  be  used  to 
apply  on  bonded  indebtedness.  Provided,  That  the  other 
necessary  expenses  of  the  school  have  been  met,  or  Provided, 

47 


§§31-32  BONDS 

That  there  is  sufficient  money  in  the  general  fund  to  meet 
the  necessary  expenses  of  the  school. 

31.  Redemption  of  bonds — premium.    In  all  dis- 
tricts that  have  issued  bonds  under  the  provisions 
of  the  laws  of  the  territory  of  Colorado,  the  treas- 
urer of  the  district,  immediately  after  receiving  the 
annual  installment  of  the  funds  for  the  redemption 
of  said  bonds,  as  provided  in  section  91,  shall  go 
into  the  market  and,  at  the  lowest  price  for  which 
he  can  obtain  such  bonds,  shall  use  such  funds  in 
the  retiring  of  such  bonds  to  the  extent  of  such 
fund;  Provided,  That  the  said  treasurer  shall  not 
pay  more  than  five  per  cent,  premium  on  any  bonds 
of  his  district,  and  any  balance  of  said  funds  re- 
maining in  the  hands  of  said  treasurer  shall  be  in- 
vested, as  nearly  as  possible,  in  United  States  bonds 
or  state  bonds  of  Colorado. — R.  s.  5946 

Note.    Section  91  above  referred  to  is  section  22  herein. 

32.  U.  S.  and  state  bonds  purchased  by  district 
treasurer — how   kept — proceeds — sale.     All    United 
States  or  state  bonds  which  may    come    into    the 
hands  of  any  district  treasurer,  under  the  provisions 
of  this  act,  shall  be  duly  recorded  in  the  books  of 
the  district,  and  deposited  in  the  safety  vault  of 
some  bank  within  the  state,  selected  by  the  district 
board.    The  interest  coupons  of  said  bonds  shall  be 
duly  collected  by  the  district  treasurer,  and  the  pro- 
ceeds turned  over  to  the  county  treasurer,   to  be 
used  in  the  payment  of  the  interest  coupons  of  the 
bonds  of  such  district,  and  the  annual  tax  for  the 
payment  of  the  interest  on  said  district  bonds  shall 
be  proportionately  lessened.     Said  United  States  or 
state  bonds'  shall  be  sold  by  the  district  board  at  the 
best  market  rates,  and  the  proceeds  thereof  used  to 

48 


BONDS  §  33 

redeem  the  bonds  of  the  district  when  the  same  be- 
come due  or  when  they  can  be  bought  at  not  to  ex- 
ceed five  per  cent,  premium.-- R.  8.  5947 

33.  Change  of  boundaries  not  release  property 
—annexed  property.  No  change  in  the  boundary 
lines  of  such  school  district  shall  release  the  taxable 
real  estate  of  the  district  from  assessment  and  levy 
of  taxes  to  pay  the  interest  and  principal  of  such 
bonds,  and  if  there  shall  be  any  change  of  the  lines 
of  such  school  district,  so  as  to  leave  any  portion 
of  the  taxable  real  estate  of  the  district  out  of  the 
district,  which  was  subject  to  taxation  in  the  dis- 
trict at  the  time  of  the  issue  of  such  bonds,  the  as- 
sessment and  levy  for  principal  and  interest  of  such 
bonds  shall  be  made  on  such  property  as  if  it  were 
still  within  the  district,  and  if  there  shall  be  any 
change  of  the  lines  of  such  school  district,  so  as  to 
annex  any  taxable  real  estate,  after  the  issue  of 
such  bonds,  the  real  estate  so  annexed  shall  there- 
after be  subject  to  the  assessment  and  levy  for  prin- 
cipal and  interest  of  such  bonds. — R.  s.  5948 

Government  land  not  taxable. 

a.  A  tax  levy  for  the  bonded  indebtedness  of  a  school 
district  must  be  limited  to  the  real  estate  taxable  at  the 
time  the  bonds  were  voted,  and,  since  government  land  is 
not  taxable,  parties  acquiring  title  thereto  subsequent  to 
the  voting  of  the  bonds  take  it  free  from  taxation  for  such 
purpose. — Callaivay  v.  D.  &  R.  G.  R.  R.  Co.,  6  C.  A.  284 

Lands  not  subject  to  tax. 

1.  Lands  to  which  title  has  not  ^een  obtained  from  the 
government  at  the  time  school  bonds  are  issued  by  a  district 
of  which  such  lands  form  a  part  are  not  subject  to  tax  for 
the  payment  of  such  bonds.  Hence,  if  said  lands  are  set  off 
or  detached  from  the  district  before  title  is  perfected,  they 
are  not  subject  to  a  bond  tax  in  the  original  district  when 
title  is  complete. 

49 


§§34-35  BONDS 

Lands  subject  to  tax. 

2.  State  or  government  lands  occupied  under  contract 
of  purchase,  title  having  already  been  acquired  and  land 
deeded,  are  subject  to  assessment  the  same  as  other  lands 
for  the  payment  of  bonds  issued  by  the  school  district  of 
which  they  form  a  part,  or  such  portion  of  said  bonds,  if  any, 
that  remain  unpaid;  Provided,  "That  said  lands  were  deeded 
before  said  bonds  had  matured." 

3.  Territory  detached  from  a  district  which  has  been 
bonded  is  not  released  from  taxation  to  pay  both  principal 
and  interest  of  such  bonds.    Such  detached  territory  is  liable 
for  such  taxation  until  the  bonds  have  been  fully  discharged, 
the  same  as  if  it  had  remained  a  part  of  the  original  district. 

34.  County  treasurer's  fees.     The  treasurer  of 
the  county  shall  receive  the  same  compensation  for 
the  collection  of  such  special  taxes  as  he  does  for 
other  school  taxes. — R.  8.  5949 

Note.    See  Revised  Statutes  for  per  cent,  of  compensation. 

35.  Refunding1  bonds — when  issued — interest — 
redemption.    That  when  the  bonded  indebtedness  of 
any  school  district  in  this  state  has  matured,  or  may 
hereafter  mature,  or  has  or  may  hereafter  become 
redeemable  at  the  pleasure  of  the  district,  and  there 
shall  not  be  funds  in  the  treasury  of  such  school 
district  available  for  that  purpose  with  which  to  re- 
deem or  pay  such  bonds,  it  shall  be  lawful  for  the 
board  of  directors  of  such  school  district  to  issue 
and  sell  new  bonds,  equal  to  the  sum  necessary  and 
not  otherwise  provided  for  the  payment  of  the  bonds 
then  matured  or  those  then  redeemable  at  the  pleas- 
ure of  such  school  district,  and  such  bonds  thus  is- 
sued shall  not  be  sold  at  a  less  price  than  their  par 
value ;  Provided,  It  shall  be  lawful  for  the  board  of 
directors  of  any  school  district  having  a  bonded  in- 
debtedness, to  refund  the  same,  at  any  time,  with 
the  consent  of  the  bond  owners,  in  bonds  bearing 
a  less  rate  of  interest  than  the  bonds  so  refunded 

50 


BONDS  §§36-37 

and  running  for  a  longer  time,  which  said  bonds 
thus  issued  shall  be  exchanged  at  not  less  than  par 
for  the  bonds  outstanding. 

Provided,  further,  That  all  bonds  issued  under 
this  section  shall  bear  interest  at  such  rate  as  said 
school  board  may  determine,  not  to  exceed  8  per 
cent,  per  annum,  and  shall  be  redeemable  at  the 
pleasure  of  the  district  board,  in  not  to  exceed  ten 
years  and  payable  in  not  to  exceed  twenty  years 
from  the  date  thereof,  and  the  date  after  which 
said  bonds  are  redeemable  shall  be  plainly  written 
or  printed  on  the  face  thereof.  —  R.  8.  5950 

36.  What  laws  apply  to  issue  and  payment — ex- 
cept.   All  the  provisions  of  the  laws  of  the  state  of 
Colorado,  now  existing,  relating  to  the  duties  of  dis- 
trict and  county  officers  in  the  issue  and  payment 
of  district  bonds,  and  relating  to  the  assessment  and 
collection  of  taxes  for  the  payment  of  the  interest 
and  principal  of  school  district  bonds,  shall  be  held 
to  apply  equally  and  in  like  manner  to  all  matters 
pertaining  to  the  issue  and  payment  of  bonds  issued 
under  the  provisions  of  this  act,  except  that  the  time 
when  taxes  shall  be  levied  and  collected  for  the  pay- 
ment of  the  principal  of  said  bonds  shall  be  as  here- 
inafter provided. — R.  8.  5951 

37,  County  commissioners  levy  tax — treasurer 
collect.    At  the  time  provided  by  law  for  the  levy- 
ing of  county  taxes  in  the  year  next  preceding  the 
date  at  which  the  first  installment  of  said  bonds 
shall  mature,  and  every  year  thereafter  until  the 
whole  amount  of -said  bonds  shall  be  redeemed,  the 
board  of  county  commissioners  of  any    county    in 
which  bonds  shall  have  been  issued  under  the  pro- 

51 


§§  38-39  BONDS 

visions  of  this  act,  shall  levy  a  tax  sufficient  to  pay 
not  less  than  ten  per  centum  nor  more  than  twenty 
per  centum  of  the  principal  of  said  bonds,  and  the 
county  treasurer  shall  collect  the  same  as  other 
taxes  are  collected,  and  shall  pay  the  amount  so 
collected  to  the  district  treasurer  as  is  now  pro- 
vided by  law.— R.  8.  5952 

38.  Proviso — submission  for  refunding — against 
refunding.    Provided,  however,  That  no  bonds  shall 
be  issued  under  the  provisions  of  this  act  until  the 
question  of  refunding  shall  first  have  been  submit- 
ted to,  and  approved  by,  the  qualified  voters  of  the 
district  as  is  now  or  may  be  provided  by  law,  ex- 
cept that  the  electors  shall  vote  "for  refunding," 
or  "against  refunding,"  instead  of  "for  the  bonds," 
or  "against  the  bonds."—  R.  8.  5953 

COUNTY  HIGH  SCHOOL  BONDS 

39.  Notice  of  bond  election  given  upon  petition. 

On  the  petition  of  fifty  voters  having  the  qualifica- 
tions hereinafter  prescribed,  of  any  high  school  dis- 
trict, the  county  superintendent  of  public  schools 
and  ex  officio  secretary  of  said  district  shall  give 
notice,  not  less  than  twenty  days  before  any  regular 
meeting  now  or  which  may  hereafter  be  provided  by 
law,  for  electing  members  of  school  boards  in  the  re- 
spective districts  of  the  state,  or  special  meeting 
held  under  the  provisions  of  this  act,  that  the  ques- 
tion of  contracting  a  bonded  debt  for  the  purpose 
of  erecting  and  furnishing  high  school  buildings, 
or  purchasing  ground,  or  for  funding  floating  debts, 
will  be  submitted  to  such  qualified  voters  of  the 
high  school  district  as  have  paid  a  school  tax  therein 
in  the  year  next  preceding  said  meeting.  Notice  of 

52 


BONDS  §39 

such  meeting  shall  be  given  and  such  meeting  shall 
be  held  and  conducted  and  the  returns  thereof  made 
and  the  result  declared  in  the  manner  as  nearly  as 
may  be  as  is  by  this  act  provided  for  the  organiza- 
tion of  high  school  districts.  Any  person  offering 
to  vote  at  such  meeting  in  the  respective  public 
school  districts  of  the  high  school  district,  may  be 
challenged  by  any  legally  qualified  elector  of  the 
district  and  any  one  of  the  judges  of  election  shall 
thereupon  administer  to  the  person  challenged,  an 
oath  as  follows: 

''You  do  swear  (or  affirm)  that  you  are  a  citizen 
of  the  United  States;  that  you  have  resided  in  the 
state  of  Colorado  one  year  immediately  preceding 
this  election ;  that  you  are  twenty-one  years  of  age ; 
that  you  have  resided  in  this  district  thirty  days 
next  preceding  this  election,  and  that  you  have  paid 
a  school  tax  within  this  school  district  in  the  year 
next  preceding  this  election,  and  that  you  have  not 
voted  at  this  election,  so  help  you  God  (or  under 
the  pains  and  penalties  of  perjury)." 

If  he  shall  refuse  to  take  such  oath  or  affirma- 
tion, his  vote  shall  be  rejected.  The  high  school 
committee  of  any  such  high  school  district  shall  first 
agree,  and  certify  the  amount  of  indebtedness  to  be 
created,  if  any.  In  no  case  shall  the  aggregate 
amount  of  bonded  indebtedness  of  any  high  school 
district  for  high  school  purposes,  exceed  two  per 
cent,  of  the  assessed  value  of  the  property  of  such 
high  school  district.  At  such  election  a  separate 
ballot  box  for  this  purpose  shall  be  provided  and 
the  qualified  electors  shall  vote  by  ballot  "For  high 
school  bonds"  or  "Against  high  school  bonds."  If 

63 


§  39  BONDS 

it  shall  appear  from  the  final  record  of  the  county- 
superintendent  that  a  majority  of  all  the  votes  cast 
are  for  the  high  school  bonds,  the  high  school  com- 
mittee, as  soon  as  practicable  thereafter,  shall  issue 
coupon  bonds  of  the  high  school  district,  bearing 
interest  not  exceeding  six  per  cent,  per  annum,  pay- 
able semi-annually  and  redeemable  at  the  pleasure 
of  the  high  school  district  at  any  time  after  a  date- 
to  be  fixed  by  said  high  school  committee  not  less 
than  ten  years  after  date,  and  to  be  absolutely  due 
and  payable  at  a  date  to  be  fixed  by  said  high  school 
committee  not  less  than  twenty  nor  more  than  forty 
years  from  date,  the  principal  and  interest  payable 
at  the  office  of  the  treasurer  of  the  county  in  which 
said  high  school  district  may  be  situate,  or  the  in- 
terest may  be  payable  in  the  city  of  New  York,  at 
the  option  of  the  holders  thereof,  and  the  canceled 
coupons  shall  be  at  the  disposal  of  the  high  school 
committee.  All  such  bonds  so  issued  shall  be  signed 
by  the  president  of  the  high  school  committee,  and 
shall  have  the  seal  of  the  high  school  district  at- 
tached, attested  by  the  secretary  and  shall  be 
countersigned  by  the  county  treasurer,  and  the 
coupons  thereto  annexe4  shall  be  signed  by  the 
president  of  the  high  school  committee  by  original 
or  engraved  signature. — 8.  L.  '09,  p.  404 

County  high  school  right  to  issue  "bonds. 

1.  Having  considered  the  relation  in  which  the  above  law 
stands  to  the  school  act,  it  appears  evident  that  the  general 
assembly  intended  to  create  a  new  and  distinct  school  dis- 
trict, which  should  exercise  all  the  powers  of  "school  dis- 
tricts" and  be  classed  as  a  school  district,  and  in  the  exercise 
of  those  powers  given  to  school  districts  in  the  state.  It  is, 
therefore,  concluded  that  it  has  the  right  to  issue  bonds  in 
accordance  with  the  provisions  of  section  39  of  School  Laws 
Annotated. 

54 


BONDS  §§40-41 

40.  Bonds   to  be  registered  by  county  clerk. 
"Whenever  any  high  school  district  shall  issue  bonds 
under   the   provisions   of  this    act,   all  such   bonds 
shall,  previous  to  being  negotiable,  be  presented  to 
the  recorder  of  the  county,  to  be  duly  registered  by 
him  in  a  book  kept  for  that  purpose  in  his  office, 
noting  the  amount,  time  of  payment  and  rate  of  in- 
terest, and  all  such  bonds  shall  state  on  their  face 
that  they  are  issued  under  the  provisions  of  this  act. 
—S.  L.  '09,  p.  405 

41,  Commissioners  levy  tax  for  principal  and 
interest — how  paid — surplus.     Whenever  any  high 
school  district  shall  issue  bonds  under  the  provisions 
of  this  act,  it  shall  be  the  duty  of  the  board  of  com- 
missioners of  the  county  in  which  said  district  may 
be  situated,  to  levy  and  assess  a  special  tax  on  all 
the  taxable  property  of  such  high  school  district, 
in  amounts   sufficient  to  pay  the  interest  coupons 
Ilicreon,  when  the  same  shall  become  due,  according 
to  their  tenor  and  effect,  and  the  county  treasurer 
shall  collect  the  same  as  other  taxes  are  collected, 
in  cash  only,  keeping  the  same  separate  from  other 
funds  received  by  him;  and  if  there  shall  be  any 
surplus  after  paying  the  coupons  and  the  expenses 
of  collecting  such  special  tax,  the  treasurer  shall 
without  -delay  pass  the  same  to  the  credit  of  such 
high  school  district,  and  such  fund  so  passed  to  the 
credit  of  such  district  shall  be  subject  to  the  dis- 
posal of  the  high  school  committee.    And  in  the  cal- 
endar year  next  preceding  the  date  fixed  by  said 
high  school  committee  after  which  said  bonds  are 
redeemable    and    annually  thereafter,  until  the  full 
payment   of   said  bonds,  the   said   county  commis- 
sioners shall  provide  by  taxation  and  shall  collect 

65 


§  42  BONDS 

such  a  per  centum  of  the  principal  of  said  bonds  as 
will,  in  equal  annual  installments,  be  sufficient  to 
redeem  all  of  said  bonds  by  the  time  they  mature, 
which  amount  shall  be  assessed  and  collected  the 
same  as  the  tax  for  the  payment  of  the  interest 
coupons,  and  when  collected  shall  be  turned  over  to 
the  treasurer  of  such  high  school  district,  such 
money  to  be  used  only  in  the  payment  of  such  bonds, 
in  the  manner  as  follows: 

The  treasurer  of  such  high  school  district,  im- 
mediately after  receiving  the  money  as  aforesaid, 
shall  advertise  in  some  newspaper  published  in  his 
county,  if  there  be  any,  for  four  successive  weeks, 
that  on  a  certain  day  named  in  the  advertisement, 
he  will  pay  certain  of  the  high  school  district  bonds, 
said  bonds  to  be  described  in  the  advertisement  by 
number  and  amount,  and  the  advertisement  shall 
further  state  that  after  the  day  so  fixed  for  pay- 
ment, the  interest  on  the  bonds  described  as  afore- 
said, shall  cease  and  determine.  The  said  payment 
shall  be  made  at  the  office  and  in  the  presence  of 
the  treasurer  of  the  county,  who  shall  cancel  the 
bonds  redeemed,  and  a  minute  of  such  cancellation 
shall  be  made  on  the  books  of  the  county  recorder, 
after  which  they  shall  be  at  the  disposal  of  the  high 
school  committee. — 8.  L.  '09,  p.  405 

42.  Bonds  redeemed — go  in  open  market.'  In 
all  high  school  districts  that  may  issue  bonds  under 
the  provisions  hereof,  the  treasurer  of  such  district, 
immediately  after  receiving  the  annual  installment 
of  the  fund  for  the  redemption  of  said  bonds,  as 
provided  in  the  foregoing  section  hereof,  shall  go 
into  the  market  and  at  the  lowest  possible  price  for 


BONDS  §§43-44-45 

which  he  can  obtain  such  bonds,  shall  use  such 
fund  in  the  retiring  of  such  bonds  to  the  extent 
of  such  fund.— 8.  L.  f09,  p.  406 

43.  Change   in   boundary   not   release   taxable 
property.    No  change  in  the  boundary  lines  of  such 
high  school  district  shall  release  the  taxable  real 
estate  of  the  district  from  assessment  and  levy  of 
taxes  to  pay  the  interest  and    principal    of    such 
bonds,  and  if  there  shall  be  any  change  of  the  lines 
of  such  high  school  district,  so  as  to  leave  any  por- 
tion of  the  taxable  real  estate  of  the  district  out  of 
such  district,  which  was  subject  to  taxation  in  the 
district  at  the  time  of  the  issue  of  such  bonds,  the 
assessment  and  levy  for  principal  and  interest  of 
such  bonds  shall  be  made  on  such  property  as  if  it 
were  still  within  the  district,  and  if  there  shall  be 
any  change  of  the  lines  of  such  high  school  district, 
so  as  to  annex  any  taxable  real  estate  after  the  is- 
sue of  such  bonds,  the  real  estate  so  annexed  shall 
thereafter  be   subject  to  the  assessment  and  levy 
for  principal  and  interest  of  such  bonds  —  8.  L.'OO,  p.  407 

44.  Compensation    of    county    treasurer.      The 
treasurer  of  the  county  shall  receive  the  same  com- 
pensation for  the  collection  of  such  special  taxes  as 
he  does  for  other  school  taxes. — 8.  L.  '09,  p.  407 

45.  Special  meetings — purpose — notice.    In  any 
high  school  district  the  high  school  committee  may 
at  any  time  call  a  special  meeting  of  the  electors 
of  such  district  for  any  of  the  purposes  specified  in 
this   act,  and  the  notice  of  such  special  meetings 
shall  be  given  and  such  special  meeting  shall  be  held 
and  the  result  thereof  declared,  in  the  same  man- 
ner as  nearly  as  may  be  as  is  provided  by  this  act 

57 


§  46  BONDS 

in  the  case  of  meetings  for  the  organization  of  high 
school  districts.— S.  L.  '09,  p.  407 

46.  What  high  school  districts  subject  to  this 
act — no  district  obliged  to  maintain  two  high 
schools.  All  high  school  districts  organized  and 
now  existing  under  the  provisions  of  chapter  100 
of  the  Session  Laws  of  Colorado,  1899,  being  "An 
act  to  provide  for  the  establishment  and  support  of 
high  schools  in  counties  of  the  fourth  and  fifth 
classes, ' '  appro\  ed  April  8th,  1899,  or  under  chapter 
219  of  the  Session  Laws  of  Colorado,  1907,  being 
"An  act  to  amend  an  act  entitled  an  act  to  provide 
for  the  establishment  and  support  of  high  schools 
in  counties  of  the  fourth  and  fifth  classes,"  ap- 
proved^ April  9th,  1907,  are  hereby  declared  to  be 
duly  organized  high  school  districts  under  the  pro- 
visions of  this  act,  and  entitled  to  enjoy  all  the  priv- 
ileges and  exercise  all  of  the  powers  conferred  by 
this  act,  and  shall  hereafter  be  subject  to  the  pro- 
visions of  this  act ;  Provided,  That  no  school  district 
in  any  county  shall  be  taxed  without  its  consent  for 
the  support  of  more  than  one  class  or  kind  of  high 
school,  the  establishment  of  which  is  authorized  by 
law;  and  in  voting  on  the  organization  of  a  county 
high  school  district  under  the  provisions  of  this 
act,  any  school  district  then  maintaining  a  high 
school  or  any  school  districts  then  organized  into 
a  union  high  school  district  and  maintaining  therein 
a  union  high  school  may  by  voting  against  the  or- 
ganization of  a  county  high  school  district  be  ex- 
cluded from  such  county  high  school  district;  but 
if  any  school  district  maintaining  a  high  school  or 
districts  maintaining  a  union  high  school  shall,  un- 

58 


BONDS  §46 

der  the  provisions  of  this  section  vote  against  the 
organization  of  a  county  high  school  district,  the 
ballots  cast  in  such  district  or  districts  shall  be  con- 
sidered only  upon  the  question  of  exclusion  and 
shall  not  be  considered  in  determining  the  final  re- 
sult upon  the  question  of  organizing  a  county  high 
school  district.  And  providing  further  that  any 
school  district  maintaining  a  high  school,  or  any 
districts  organized  in+o  a  union  high  school  district 
and  maintaining  therein  a  union  high  school,  may 
abandon  such  high  school  organization  and  organize 
under  the  provisions  of  this  act. — 8.  L.  '09* p.  407 


69 


CERTIFICATES 


Note.    For   state,    college   and   other   diplomas,    see   general 
heading  "Diplomas." 

47.    Grades  of  certificates  —  renewals  —  record. 

The  certificates  issued  by  the  county  superintendent 
shall  be  of  three  grades,  distinguished  as  first,  second 
and  third.  The  first  grade  certificate  shall  be  valid 
for  three  years  and  may  be  renewed  by  the  county 
superintendent  of  the  county  in  which  it  was  issued ; 
the  second  grade  certificate  shall  be  valid  for  eight- 
een months ;  the  third  grade  certificate  shall  be  valid 
for  nine  months;  Provided,  however,  That  not  more 
than  two  certificates  of  the  same  grade  (third  grade) 
shall  be  issued  to  the  same  person.  A  county  super- 
intendent may,  upon  the  application  of  a  teacher 
holding  a  first  grade  certificate,  received  at  a  regular 
examination  in  another  county  in  the  state,  and  in 
full  force  at  the  time,  issue  to  said  teacher  a  certifi- 
cate of  like  grade;  Provided,  That  such  certificate 
shall  not  show  the  standing  in  each  branch,  nor  be 
subject  to  renewal,  but  shall  show  the  conditions 
upon  which  it  is  issued.  And  he  may  revoke  certifi- 
cates of  any  grade  at  any  time,  for  immorality,  in- 
competency  or  other  just  cause.  It  shall  be  deemed 
a  violation  of  law  to  grant  certificates  of  any  of  the 
above  grades,  except  one  of  like  grade,  without  re- 
quiring the  applicant  to  pass  a  thorough  and  satis- 
factory examination  in  such  branches  and  at  such 
times  as  are  specified  in  section  15  of  this  act;  and 
in  all  such  examinations  the  questions  prepared  by 
the  superintendent  of  public  instruction  shall  be 
used.  In  case  a  certificate  is  revoked  or  refused  by 

60 


CERTIFICATES  §  47 

the  county  superintendent,  the  right  of  appeal  to 
the  state  board  of  education  shall  not  be  denied  the 
'teacher  or  applicant,  if  said  appeal  be  taken  within 
thirty  days  from  date  of  notice  of  such  revocation  or 
refusal.  The  county  superintendent  shall  keep  an 
official  record  in  a  suitable  book  of  the  persons  so 
examined,  containing  the  names,  age,  nativity,  date 
of  examination  and  grade  of  certificate  issued;  he 
shall  also  retain  for  three  months  the  written  an- 
swers of  all  applicants  at  the  regular  examinations 
and  hold  the  same  subject  to  the  order  of  the  state 
board  of  education;  Provided,  further,  That  in  a 
school  district  of  the  first  class  the  examination  may 
be  conducted  by  the  school  board  of  such  district  in 
such  manner  and  at  such  times  as  the  board  may 
determine,  who  shall  have  power  to  issue  district 
certificates  of  the  same  grades  and  under  the  same 
conditions  as  are  specified  in  sections  15  and  16  of 
this  chapter,  said  certificates,  however,  shall  be  re- 
ported to  the  county  superintendent,  who  shall  keep 
a  record  of  the  same,  and  shall  be  valid  only  in  the 
district  where  issued,  such  boards  may,  however,  if 
they  see  fit,  issue  certificates  without  examina- 
tions to  high  school  teachers  who  hold  satisfac- 
tory evidence  of  adequate  training  for  the  work 
they*  are  to  do.—  R.  8.  5994 

Note.  Section  15  above  referred  to  is  section  149,  and  section 
16  is  section  47  herein. 

Note.  Questions  prepared  by  superintendent  of  public  in- 
struction, see  section  374. 

Note.  For  teaching  languages  other  than  English  and  music 
and  drawing,  see  section  383,  decision  one. 

Note.  This  section  sought  to  be  repealed  by  section  47a  here- 
in, which  was  referred  by  petition,  and  will  be  voted  upon  at  the 
general  election  in  November,  1912. 

61 


§  47  CERTIFICATES 

Revoking  certificate  after  discharging. 
a.   A  school  board  of  a  first  class  district,  after  discharg- 
ing a  teacher,  has  no  authority  to  revoke  a  certificate  there- 
tofore issued  to  him  so  as  to  prevent  his  recovery  for  the 
unexpired  term. — School  District  v.  Shuck,  49  C.  526 

Teacher  discharged  only  upon  hearing. 
&.  Under  the  law  providing  that  a  teacher  can  be  dis- 
charged only  on  good  cause  shown,  there  must  be  a  specific 
accusation,  notice  and  evidence  placed  before  the  board  in 
its  official  capacity,  and  a  hearing  given  the  teacher  to  refute 
the  charge;  and  where  some  of  the  members  of  the  board, 
in  an  unofficial  capacity  only,  inquired  around  and  found 
some  basis  for  neighborhood  rumors  of  immorality,  and  upon 
such  evidence  the  board  gave  the  teacher  leave  of  absence, 
with  instructions  to  clear  up  the  matter  and  discharged  him 
upon  failure  so  to  do,  is  not  a  compliance  with  the  statute, 
and  such  discharge  is  illegal. — School  v.  Shuck,  49  C.  526 

Teacher  employed  without  license,  how. 

c.  Although  the  law  prohibits  a  school  board  from  em- 
ploying a  teacher  having  no  license  to  teach  at  the  date  of 
such  employment,  and  further  provides  that  a  teacher  who 
shall  commence  teaching  without  such  license  shall  forfeit 
all  claim  to  compensation,  yet  a  school  board  may  engage  a 
teacher  to  begin  teaching  at  a  future  date,  conditioned  upon 
her  obtaining  such  license  prior  to  the  beginning  of  the 
school;   and  when  such  license  is  obtained  and  the  school 
commenced,  the  engagement  ripens  into  a  valid  contract. — 
Hotz  v.  School  Dist.,  1  C.  A.  40 

Certificate  not  collaterally  attacked  except. 

d.  In  an  action  by  a  teacher  for  wages  under  a  contract, 
his  certificate  from  a  county  superintendent  cannot  be  col- 
laterally attacked  except  for  fraud. — School  Dist.  v.  Stone, 
14  C.  A.  211 

Life  of  first  grade  certificate — renewal. 

1.  The  life  of  a  first  grade  certificate  is  three  years. 
Such  certificate  may  be  renewed  for  a  like  term  by  the 
county  superintendent  in  the  county  in  which  it  was  origi- 
nally issued  at  any  time  before  its  expiration. 

2.  A  first  grade  certificate  cannot  be  renewed  if  pre- 
sented for  renewal  after  the  expiration  of  the  time  for  which 
it  was  issued. 

3.  A  first  grade  certificate  may  be  renewed  any  number 
of  times,  without  examination,  in  a  county  in  which  it  was 
originally  issued. 

62 


CERTIFICATES  §  47 

4.  A  first  grade  certificate  issued  in  one  county  cannot 
be  renewed  by  a  county  superintendent  of  another  county, 
but  he  can  issue  one  of  like  grade,  which  shall  not  show  the 
standing  in  different  branches  nor  be  subject  to  renewal. 

5.  The  fact  that  a  teacher  failed  to  pass  th'e  examina- 
tion in  another  county  would  not  affect  the  standing  of  the 
first  grade  already  obtained  by  her.     It  is  entirely  optional 
with  the  county  superintendent  as  to  whether  a  first  grade 
certificate  shall  be  renewed  or  not. 

6.  The  law  provides  that  a  first  grade  certificate  may 
be  renewed  by  the  county  superintendent  of  the  county  in 
which  it  was  issued.     Since  Adams  county  is  a  portion  of 
that  territory  in  which  the  certificate  was  issued,  .it  may  be 
renewed  at  the  discretion  of  the  county  superintendent. 

Experience  necessary  for  first  grade  certificate. 

7.  There  is  no  law  concerning  the  practical  experience 
in  teaching  to  be  considered  in  issuing  a  certificate  of  any 
grade  except  in  the  prescribed  rules  and  regulations  govern- 
ing county  examinations  of  teachers,  which  rules  are  sent 
from  this   office.     Rule  14   definitely  states  applicants   for 
certificates  of  the  first  grade  shall  have  taught  successfully 
for  at  least  one  year. 

8.  The    one    year's    successful    teaching    required    for 
eligibility  to  a  first  grade  certificate  is  not  restricted  to 
teaching  in  Colorado. 

9.  The  year's  experience  required  for  a  first  grade  cer- 
tificate is  construed  to  mean  twelve  months. 

10.  There  is  na  provision  in  the  Colorado  school  law 
crediting  teachers  with  a  year's  experience  who  have  taught 
the  blind,  deaf,  or  mentally  deficient,  for  one  year. 

Duplicates. 

11.  A  duplicate  first  grade  certificate,  while  in  force, 
can  be  renewed  just  as  if  it  were  the  original. 

12.  The  law  makes  no  provision  for  the  writing  of  a 
duplicate  certificate  for  the  convenience  of  the  person  hold- 
ing a  first  grade  certificate.     Special   permission  may  be 
obtained  by  a  county  superintendent  to  write  a  duplicate 
certificate  in  case  the  holder  of  the  original  gives  proof  of 
its  being  lost  or  destroyed. 

13.  In  case  of  loss  of  original  certificate,  upon  written 
statement  thereof,  a  duplicate  may  be  issued  by  the  county 
superintendent  of  the  county  in  which  original  was  issued. 

63 


§  47  CERTIFICATES 

Like  grade  certificates. 

14.  The  endorsement  or  renewal  of^  certificates  and  the 
issuing  of  like  grade  certificates  are  in  all  cases  optional 
with  the  county  superintendent. 

15.  The  county  superintendent  has  the  power  to  issue 
a  like  grade  certificate  upon  a  renewal  of  a  first  grade  certifi- 
cate issued  in  another  county;  that  is,  a  renewal  made  by 
the  superintendent  in  the  county  in  which  the  certificate  was 
originally  issued.    There  is  nothing  compulsory  in  regard  to 
the  issuing  of  a  like  grade  certificate.    If,  in  the  judgment 
of  the  county  superintendent  to  whom  the  certificate  issued 
in  another  county  is  presented,  it  seems  best  that  the  appli- 
cant  should   take   the   examination   rather   than   that   the 
renewed  certificate  shall  be  recognized  by  a  like  grade,  he 
has  absolute  authority  to  do  so. 

16.  A  like  grade  certificate  cannot  be  issued  on  a  second 
grade  certificate,  though  such  second  grade  certificate  has  a 
first  grade  average. 

17.  A  like  grade  certificate  is  not  renewable,  and  ex- 
pires at  the  time  the  original  certificate  expires. 

18.  A  certificate  of  like  grade  from  one  county  cannot 
be  endorsed  by  a  county  superintendent  of  another  county; 
but  if  the  first  certificate  upon  which  the  like  grade  was 
issued  is  still  in  force,  another  like  grade  certificate  upon  it 
can  be  issued  in  another  county. 

19.  The  life  of  a  like  grade  certificate  is  concurrent 
with  that  of  the  original  in  lieu  of  which  it  was  issued. 

20.  A  like  grade  certificate  may  be  issued  in  lieu  of  a 
first  .grade  certificate  which  has  been  renewed  in  the  county 
where  issued. 

21.  A  like  grade  certificate  may  be  issued  in  lieu  of  a 
first  grade,  even  though  the  first  grade  show  previous  en- 
dorsement. 

22.  A  like  grade  certificate  may  be  issued,  only  to  a 
person  who  is  ta  teach  in  the  county  where  such  certificate  is 
issued. 

Renewal  optional  with  county  superintendent. 

23.  As   it   is   entirely   discretionary   with   the   county 
superintendent  whether  or  not  a 'first  grade  certificate  shall' 
be  renewed  or  recognized  by  a  "like  grade,"  a  first  grade 
cannot  in  any  case  be  considered  equivalent  to  a  state  certifi- 
cate, which  must  be  recognized  in  every  part  of  the  state 
during  the  life  of  the  holder. 

24.  A  county  superintendent  may  renew  her  own  certifi- 
cate under  the  same  conditions  as  other  renewals  are  made. 

64 


CERTIFICATES  §4? 

Second  grade  certificate. 

25.  A  second  grade  certificate  is  not  good  for  eighteen 
months'  teaching;  it  is  simply  in  force  for  eighteen  months 
from  the  date  upon  which  it  was  issued. 

26.  There  is  no  law  authorizing  a  county  superintendent 
to  refuse  granting  a  second  grade  certificate  to  an  applicant 
meriting  the  same  because  of  lack  of  experience  in  teaching. 

27.  A   second   grade   certificate   cannot   be   legacy   re- 
newed; neither  does  the  law  make  provision  for  the  issuing 
of  a  certificate  o-f  like  grade. 

Third  grade  certificate. 

28.  The  nine  months  specified  in  issuing  a  third  grade 
certificate  means  that  the  certificate  is  valid  nine,  months 
from  the  date  of  the  examination  upon  which  it  was  issued. 
It  does  not  mean  that  it  is  good  for  nine  months'  teaching, 
no  matter  when  the  teaching  may  be  done.     The  same  rule 
holds  good  for  the  time  specified  upon  a  first  or  second  grade 
certificate. 

29.  The  clause  "Provided,  however,  That  no  more  than 
two  certificates  of  the  same  grade  shall  be  issued  to  the 
same  person,"   is   interpreted   as   referring  to  third   grade 
certificate. 

30.  A  third  grade  certificate  isssued  to  one  who  has 
previously  held  two  third  grades  is  invalid. 

First  class  districts — examinations. 

31.  According  to  this  section  the  school  board  of  a  first 
class  district  has  the  right  to  conduct  an  examination  in 
such  manner  and  at  such  time  as  the  board  may  determine; 
therefore  it  may  decide  to  hold  the  examination  on  consecu- 
tive days,  or  on  irregular  days,  as  desired.    The  school  board 
has  the  right  to  prepare  its  own  questions  used  in  this  ex- 
amination, or  to  authorize  some  person  to  prepare  them,  and 
the  right  to  make  rules  and  regulations  governing  examina- 
tions for  certificates  and  for  any  special  line  of  work,  and 
have  a  legal  right  to  renew  certificates  without  examination. 

32.  Since  the  law  provides  that  the  certificates  issued 
by  the  boards  of  districts  of  the  first  class  must  be  of  the 
same  grades  and  under  the  same  conditions  as  those  specified 
in  sections  47  and  149  of  the  school  law,  it  follows  that  equal 
requirements  must  be  made  in  districts  of  the  first  class  as 
in  other  districts,  and  the  board  would  not  have  the  right  to 
exempt  the  candidates  from  examination  in  one  or  more  of 
the  subjects  specified  in  section  149  of  the  school  law. 

33.  Teachers'  certificates  issued  by  the  board  of  direct- 
ors of  first  class  districts  are  reported  to  the  county  super- 

65 


§  47  CERTIFICATES 

intendent  and  a  record  kept  of  the  same,  but  they  are  not 
renewed  or  endorsed;  therefore,  no  fee  would  be  charged 
for  the  registration  of  said  certificates. 

34.  There  is  no  law  authorizing  second  and  third  class 
districts  to  hold  examinations  for  teachers  to  be  employed 
by  such  districts. 

35.  The  laws  of  Colorado  do  not  give  county  superin- 
tendents the  slightest  authority  to  recognize  district  certifi- 
cates in  any  way,  and  such  certificates  are  valueless  so  far 
as  entitling  their  holders  to  a  right  to  teach  in  other  schools 
of  the  county. 

36.  Until   a  first  class   district  is  fully  organized,   so 
far  as  its  board,  etc.,  is  concerned,  in  conformity  with  the 
provisions  of  the  law  relating  to  first  class  districts,  the 
board  of  the  district  would  have  no  right  to  grant  certifi- 
cates to  the  teachers  employed.     Until  the  board  was  fully 
organized  as  a  first  class  board  the  teachers  employed  in  the 
district    should    be    required    to    take    the    regular    county 
examination. 

37.  When   a   district   of   the  first   class  has   issued   a 
district  certificate   in   recognition   of  a  first  grade  county 
certificate   and   such   certificate   is   revoked   by  the   county 
superintendent,  such  revocation  would  not  revoke  the  dis- 
trict  board's    certificate    any    more    than    it    would    if    the 
board's  certificate  had  been  granted  on  some  other  evidence. 

38.  In  districts  of  the  first  class,  the  board  may  issue 
certificates   without  examinations  to   high   school  teachers 
who  hold  satisfactory  evidence  of  adequate  training  for  the 
work  they  are  to  do;  but  in  districts  of  the  second  and  third 
class  such  teacher  must  pass  the  regular  county  examina- 
tion, and  the  examination  shall  extend  to  such  additional 
branches  of  study  as  are  to  be  pursued  in  the  high  school  in 
which  they  are  to  teach. 

Endorsement  of  certificates. 

39.  The  endorsement  of  a  first  grade  certificate  until 
the  next  examination  will  not  invalidate  it  in  the  county 
where  issued. 

40.  A  second  grade  certificate  endorsed  "good  until  the 
next  examination"  is  good  in  any  district  of  the  county  for 
such  period  of  time. 

41.  It  is  a  violation  of  the  law  to  endorse  county  teach- 
ers' certificates  issued  in  this,   or  any  other  state,  if  the 
certificate  be  not  in  full  force  at  the  date  of  such  endorse- 
ment.   Should  the  board  employ  a  teacher  without  a  license 
to  teach,  all  claim  to  compensation  on  the  school  fund  for 
the  term  will  be  forfeited. 

66 


CERTIFICATES  §47 

Revocation  of  certificates, 

42.  A  certificate   to   teach   can   not  be    revoked   by   a 
county  superintendent  without  having  good  and  sufficient 
reasons  for  so  doing.     Alleged  exorbitant  wages  named  in 
a  contract  between  him  and  the  directors  of  a  district  would 
not  be  lawful  reason  for  revoking  a  certificate  unless  fraud 
of  some  kind  could  be  shown. 

43.  A   teacher's    certificate   may    be    revoked    for    im- 
morality, incompetency,  drunkenness  or  like  cause;  and  if  a 
person    of   bad    habits    who   becomes    intoxicated,    or    is   a 
gambler,   applies  for  a  certificate  such  grounds   would  be 
sufficient  reason  for  refusing  it;   but  positive  proof  should 
be  in  the  possession  of  the  county  superintendent  before 
taking  such  action. 

44.  If   a"  certificate    was   obtained    illegally,    and   the 
county  superintendent  has  positive  proof  of  the  same,  it 
would  be  sufficient  reason  for  revoking  it. 

Expired  certificates. 

45.  There  is  nothing  that  can  be  done  in  the  case  of 
an   expired   certificate   of   any  grade.     A   second    or   third 
grade  certificate  cannot  be  renewed  under  any  circumstances. 
The  laws  of  .Colorado   do  not  permit  the  endorsement  of 
expired  certificates,  neither  do  they  permit  the  holding  of 
special  examinations. 

College  diploma  not  license  to  teach. 

46.  A  college  graduate  from  another  state  is  not  ex- 
empt from  the  regular  county  examination. 

47.  A  college  diploma  is  not  a  license  to  teach  in  any 
public  school  in  the  state. 

48.  Any  private  school  of  Colorado  may  lawfully  grant 
certificates   or   diplomas   indicating  the   work   done   by   its 
students,  but  such  certificates  or  diplomas  cannot  be  recog- 
nized by  county  superintendents  in  issuing  county  certifi- 
cates. 

Permits  not  granted. 

49.  There    is    absolutely   no    authority    in    law   for   a 
temporary  permit  or  certificate  of  any  nature  to  teach  in 
the  public  schools  of  this  state. 

Appeals  from  county  superintendent. 

50.  Except   in   the   case   of   a   formally   taken   appeal 
from  the  action  of  a  county  superintendent  in  refusing  to 
grant   a   certificate,    the   state   board   of   education   has   no 
authority  to  pass  upon  the  papers  presented  by  an  applicant 
at  ,a  teacher's  examination. 

6? 


§  47a  CERTIFICATES 

51.  In  case  of  appeal  from  the  decision  of  county  super- 
intendent to  the  state  board  of  education  by  an  applicant 
for  certificate  at  a  regular  examination,  the  certificate,  if 
any,  issued  to  said  applicant  upon  such  examination,  should 
accompany  the  papers  sent  to  the  state  board. 

52.  A  person  holds  a  certificate  that  expires  September 
8.     He  begins  school  under  contract  on  September  1.     He 
fails   to   obtain   a   certificate   in   the   examination   held   in 
August  and  appeals  to  the  state  board  of  education.     Held, 
that  he  may  continue  his  school  during  the  pendency  of  an 
appeal. 

53.  When  a  certificate  is  revoked  by  a  county  super- 
intendent such  revocation  takes  effect  on  the  day  named  by 
him,  and  the  holder  thereof  can  not  lawfully  teach  during 
the  pendency  of  an  appeal  to  the  state  board  of  education. 

Authority  of  state  superintendent. 

54.  The  laws  of  Colorado  do  not  give  the  state  super- 
intendent the  right  to  endorse  certificates  of  any  kind  from 
other  states. 

55.  The  state  superintendent  has  no  authority  to  grant 
a  certificate  to  teach  except  when  directed  to  do  so  by  a 
vote  of  the  state  board  of  education  in  cases  of  appeal  or 
upon  a  state  examination. 

56.  The  state  superintendent  has  no  authority  to  issue 
a  temporary  certificate  or  a  certificate  of  any  nature  what- 
ever. 

57.  The  state  superintendent  has  no  authority  what- 
ever to  waive  in  any  manner  the  requirements  of  law  for  a 
license  to  teach,   nor  to  grant  a  temporary  certificate  or 
permit,  nor  to  authorize  a  county  superintendent  to  grant 
such  certificate  or  permit. 

[Note.  The  following  section  is  a  portion  of  the  law  passed 
by  the  eighteenth  general  assembly  and  referred  by  petition,  and 
will  be  voted  upon  by  the  people  at  the  general  election  of  1912. 
and,  if  approved,  will  supersede  section  47  herein.] 

"  47a.  The  certificates  issued  by  the  county  super- 
intendent shall  be  of  three  grades,  distinguished  as 
first,  second,  and  third.  The  first  grade  certificates 
shall  be  valid  for  three  years  and  may  be  renewed 
by  the  county  superintendent  of  the  county  in  which 
it  was  issued ;  provided,  that  no  first  grade  certificate 
shall  be  issued  to  any  person  who  has  not  had  at 

68 


CERTIFICATES  §  47a 

least  eighteen  weeks  of  professional  training  in  a  rec- 
ognized teachers'  training  school  and  three  terms  of 
not  less  than  six  months  each  of  successful  teaching 
experience;  the  second  grade  certificate  shall  be  valid 
for  eighteen  months;  provided,  that  no  second  grade 
shall  be  issued  to  any  person  who  has  not  had  at  least 
twelve  weeks  of  professional  training  in  a  recognized 
teachers'  training  school  and  two  terms  of  not  less 
than  six  months  each  of  successful  teaching  experi- 
ence; the  third  grade  certificate  shall  be  valid  for 
twelve  months ;  provided,  that  no  third  grade  certifi- 
cate shall  be  issued  to  any  person  who  has  not  had 
at  least  six  weeks  of  professional  training  in  some 
recognized  teachers'  training  school  or  one  year  of 
successful  teaching  experience;  provided,  further, 
that  not  more  than  two  third  grade  certificates  shall 
be  issued  to  the  same  person.  A  county  superin- 
tendent may  upon  application  of  a  teacher  holding 
a  first  grade  certificate  receive  at  a  regular  examina- 
tion in  another  county  in  the  state  and  in  full  force, 
at  the  time,  issued  to  said  teacher  a  certificate  of  like 
grade ;  provided,  that  such  certificate  shall  not  show 
the  standing  in  each  branch  or  be  subject  to  renewal, 
but  shall  show  the  conditions  upon  which  it  is  issued. 
And  he  may  revoke  certificates  of  any  grade  at  any 
time,  for  immorality,  incompetency,  or  other  just 
cause.  It  shall  be  deemed  a  violation-  of  law  to  grant 
certificates  of  any  of  the  above  grades  except  one  of 
like  grade,  without  requiring  the  applicant  to  pass 
a  thorough  and  satisfactory  examination  in  such 
branches  and  at  such  times  as  are  specified  in  section 
15  (5991)  of  this  act,  and  in  all  such  examinations 
the  questions  prepared  by  the  superintendent  of  pub- 
lic instruction  shall  be  used.  In  case  a  certificate  is 

69 


§  47a  CERTIFICATES 

revoked  or  refused  by  the  county  superintendent, 
the  right  of  appeal  to  the  state  board  of  education 
shall  not  be  denied  the  teacher  or  applicant,  if  said 
appeal  be  taken  within  thirty  days  from  date  of 
notice  of  such  revocation  or  refusal.  The  county 
superintendent  shall  keep  an  official  record  in  a  suit- 
able book  of  the  person  so  examined,  containing  the 
names,  age,  nativity,  date  of  examination,  and  the 
grade  of  certificate  issued;  he  shall  also  retain  for 
three  months  the  written  answers  of  all  applicants 
at  the  regular  examinations  and  hold  the  same  sub- 
ject to  the  order  of  the  state  board  of  education; 
provided,  further,  that  in  the  school  districts  of  the 
first  class  the  examination  may  be  conducted  by  the 
school  board  of  such  district  in  such  manner  and  at 
such  times  as  the  board  may  determine,  who  shall 
have  power  to  issue  district  certificates  of  the  same 
grades  and  under  the  same  conditions  as  are  specified 
in  sections  15  (5991)  and  16  (5994)  of  this  chapter. 
Said  certificates,  however,  shall  be  reported  to  the 
county  superintendent,  who  shall  keep  a  record  of 
the  same  and  shall  be  valid  only  in  the  district  where 
issued ;  such  boards  may,  however,  if  they  see  fit, 
issue  certificates  without  examination  to  high  school 
teachers  who  hold  satisfactory  evidence  of  adequate 
training  for  the  work  they  are  to  do.—  8.  L.  '11,  p.  629 

Note.     Sections  15  (5991)  and  16  (5994)  are  sections  149  and  47. 


70 


CHILDREN 


CHILD   LABOR    LAW 

48.  Employment  of  child  under  fourteen — excep- 
tion. That  no  child  under  the  age  of  fourteen  years 
shall  be  employed,  permitted  or  suffered  to  work  at 
any  gainable  occupation  in  any  theatre,  concert  hall 
or  place  of  amusement  where  intoxicating  liquors  are 
sold,  or  in  any  mercantile  institution,  store,  office, 
hotel,  laundry,  manufacturing  establishment,  bowl- 
ing alley,  passenger  or  freight  elevator,  factory  or 
workshop,  or  as  a  messenger  or  driver  therefor,  with- 
in this  state.  That  no  child  under  the  age  of  four- 
teen years  shall  be  employed  at  any  work  performed 
for  wages  or  other  compensation,  to  whomsoever  pay- 
able, during  any  portion  of  any  month  when  the  pub- 
lic schools  of  the  town,  township,  village  or  city 
in  which  he  or  she  resides,  are  in  session,  nor  be 
employed  in  any  work  before  the  hour  of  seven 
o'clock  in  the  morning,  or  after  the  hour  of  eight 
o'clock  in  the  evening;  provided,  that  no  child  shall 
be  allowed  to  work  more  than  eight  hours  in  any  one 
day. 

The  general  assembly  of  the  state  of  Colorado 
does  hereby  declare  that  all  occupations  or  employ- 
ments in  which  children  are  forbidden  to  engage  by 
the  provisions  of  this  act  shall  be  and  hereby  de- 
clared to  be  injurious  or  dangerous  to  health,  life  or 
limb.  The  employments  or  occupations  permitted 
under  this  act,  under  the  sections  hereof  providing 
for  exemptions  shall  be  considered  injurious  or  dan- 
gerous to  health,  life  or  limb,  unless  it  shall  appear 
from  the  evidence  produced  before  the  authorities 

71 


§  49  ,         CHILDREN 

permitted  to  grant  such  exemptions  that,  in  their 
opinion,  the  injury  or  danger  to  health,  life  or  limb 
has  been  removed;  provided,  also  that  where  condi- 
tions are  such  as  to  justify  granting  a  permit  exempt- 
ing children  from  the  provisions  of  this  act  to  take 
part  in  concerts  and  theatrical  performances  and 
where  such  permits  have  been  granted  the  perform- 
ances of  such  children  shall  be  construed  to  be  a 
part  of  their  training  and  education. 

Nothing  in  this  act  shall  be  construed  to  prevent 
the  employment  of  children  in  any  fruit  orchard, 
garden,  field  or  farm,  provided  that  any  child  under 
fourteen  years  of  age  engaging  in  such  employment 
for  persons  other  than  their  own  parents  must  first 
secure  a  permit  from  the  superintendent  of  schools 
in  accordance  with  the  provisions  of  section  fifteen 
of  this  act.  The  hours  of  work  during  each  day,  or 
in  any  week  shall  be  in  compliance  with  the  pro- 
visions of  this  act  as  to  the  hours  during  any  day 
or  week  when  children  may  be  employed.  — 8.  L.  '11, 
p.  232 

Note.    Section  15  above  referred  to  is  section  62  herein. 

49.    Exhibit  of  child  under  sixteen  —  exception. 

It  shall  be  unlawful  for  any  person  having  the  care, 
custody  or  control  of  any  child  under  the  age  of  six- 
teen years,  or  apparently  under  the  age  of  sixteen 
years,  to  exhibit,  use  or  employ  such  child  as  an  actor 
or  performer  in  any  concert  hall  or  room  where  in- 
toxicating liquors  are  sold  or  given  away,  or  in  any 
variety  theatre,  or  for  any  illegal,  obscene,  indecent 
or  immoral  purpose,  exhibition  or  practice  whatso- 
ever, or  for  any  business,  or  in  any  place,  situation 
or  exhibition  or  vocation  injurious  to  the  morals  or 
health,  or  dangerous  to  the  life  or  limb  of  such  child, 

72 


CHILDREN  §50 

or  cause,  procure  or  encourage  such  child  to  engage 
therein.  Nothing  in  this  section  contained  shall 
apply  to  or  effect  the  employment  or  use  of  any  such 
child  as  a  singer  or  musician  in  any  church,  school 
or  academy,  or  the  teaching  or  learning  the  science 
or  practice  of  music,  or  in  the  physical  development 
of  its  body  in  any  respectable  gymnasium  or  nata- 
torium;  Provided,  that  any  child  may  be  permitted 
to  take  part  in  any  concert  or  any  theatrical  exhibi- 
tion that  is  being  given  for  profit  with  the  written 
consent  of  the  authority  provided  by  this  act  for  the 
granting  of  permits  to  children  for  exemptions  from 
the  provisions  of  this  act. 

Nothing  in  this  act  shall  be  construed  to  prevent 
children  taking  part  in  what  are  known  as  amateur 
entertainments  or  theatricals  for  charity  or  not  for 
profit  in  schools,  churches,  settlement  houses  or  boys' 
or  girls'  clubs. — 8.  L.  '11,  p.  233 

50.  Employment  underground  works  under  six- 
teen. It  shall  be  unlawful  for  any  person,  firm  or 
corporation  to  take,  receive,  hire  or  employ  any  child 
or  children  under  sixteen  years  of  age  in  any  under- 
ground works  or  mine,  in  or  about  the  surface  work- 
ings thereof,  or  in  any  smelter,  coke  oven  or  to  adjust 
any  belt  to  any  machinery,  or  to  operate  or  assist  in 
operating  circular  or  band  saws,  wood-shapers,  wood- 
jointers,  planers,  sand-paper  or  wood-polishing  ma- 
chinery, emery  or  polishing  wheels  used  for  polishing 
metal,  wood-turning  or  boring  machinery,  stamping 
machines  in  sheet-metal  and  tinware  manufacturing, 
stamping  machines  in  washer  and  nut  factories,  oper- 
ating corrugating  rolls,  such  as  are  used  in  roofing 
factories,  nor  shall  they  be  employed  in  operating 
any  passenger  or  freight  elevators,  steam  boiler, 

73 


§  51  CHILDREN 

steam  machinery  or  other  steam  generating  appa- 
ratus, or  automobiles,  wire  or  iron  straightening  ma- 
chinery; nor  shall  they  operate  or  assist  in  operating 
rolling  mill  machinery  punches  or  shears,  washing, 
grinding  or  mixing  mill  or  calendary  rolls  in  rubber 
manufacturing,  nor  shall  they  operate  or  assist  in 
operating  laundry  machinery,  nor  shall  children  be 
employed  in  any  capacity  in  preparing  any  composi- 
tion in  which  dangerous  or  poisonous  acids  are  used, 
and  they  shall  not  be  employed  in  any  capacity  in  the 
manufacture  of  paints,  colors  or  white  lead ;  nor  shall 
they  be  employed  in  any  capacity  whatever  in  the 
manufacture  of  goods  for  immoral  purposes;  nor 
shall  females  under  the  age  of  sixteen  years  of  age 
be  employed  in  any  capacity  whatsoever  where  such 
employment  compels  them  to  remain  standing  con- 
stantly. No  female  child  under  ten  years  of  age, 
shall  sell  or  be  permitted  or  allowed  to  sell  or  dis- 
tribute any  newspapers,  periodicals  or  other  publica- 
tion or  any  article  of  merchandise  or  to  engage  in  or 
carry  on  any  other  business  of  occupation  in  the 
streets  of  alleys  of  any  towrn  or  city. — 8.  L.  '11,  p.  234 

51.  Employer  to  keep  register — school  certificate. 
It  shall  be  the  duty  of  every  person,  firm  or  corpora- 
tion, agent  or  manager  of  any  firm  or  corporation 
employing  minors  over  14  years  and  under  16  years 
of  age  in  any  mercantile  institution,  store,  office, 
hotel,  laundry,  manufacturing  establishment,  bowl- 
ing alley,  theatre,  concert  hall  or  place  of  amuse- 
ment, passenger  or  freight  elevator,  factory  or  work- 
shop or  as  a  messenger  or  driver  therefor,  within  this 
state,  to  keep  a  register  in  said  mercantile  institu- 
tion, store,  office,  hotel,  laundry,  manufacturing  es- 
tablishment, bowling  alley,  theatre,  concert  hall  or 

74 


CHILDttttN  §  52 

place  of  amusement,  factory  or  workshop  in  which 
said  minors  shall  be  employed  or  permitted  or  suf- 
fered to  work,  in  which  register  shall  be  recorded  the 
name,  age  and  place  of  residence  of  every  child  em- 
ployed or  suffered  or  permitted  to  work  there,  or  as 
messenger  or  driver  therefor,  over  the  age  of  14  and 
under  the  age  of  16  years;  and  it  shall  be  unlawful 
for  any.  person,  firm  or  corporation  agent  or  manager 
of  any  firm  or  corporation  to  hire  or  employ,  or  per- 
mit or  suffer  to  work  in  any  mercantile  institution, 
store,  office,  hotel,  laundry,  manufacturing  establish- 
ment, bowling  alley,  theatre,  concert  hall  or  place  of 
amusement,  passenger  or  freight  elevator,  factory  or 
workshop,  or  as  messenger  or  driver  therefor,  any 
child  under  the  age  of  16  years  and  over  14  years  of 
age,  unless  there  is  first  produced  and  placed  on  file 
in  such  mercantile  institution,  store,  office,  hotel, 
laundry,  manufacturing  establishment,  bowling  alley, 
factory  or  workshop,  theatre,  concert  hall  or  place  of 
amusement,  an  age  and  school  certificate  approved  as 
hereinafter  provided. — 8.  L.  '11,  p.  235 

52.  List  of  employed  posted  in  work  room. 
Every  person,  firm  or  corporation,  agent  or  manager 
of  a  corporation  employing  or  permitting  or  suffering 
to  work  five  or  more  children  under  the  age  of  16 
years  and  over  the  age  of  14  in  any  mercantile  insti- 
tution, store,  office,  laundry,  hotel,  manufacturing 
establishment,  factory  or  work-shop,  shall  post  and 
keep  posted  in  a  conspicuous  place  in  every  room  in 
which  such  help  is  employed,  or  permitted  or  suffered 
to  work,  a  list  containing  the  name,  age  and  place  of 
residence  of  every  person  under  the  age  of  16  years 
employed,  permitted  or  suffered  to  work  in  such 
room.  — 8.  L.  '11,  p.  235 

75 


§§53-54  CHILDREN 

53.  Age  and  school  certificate.     No  child  per- 
mitted to  be  employed  under  this  act  shall  be  em- 
ployed  in   any   mercantile   institution,   store,   office, 
hotel,  laundry,  manufacturing  establishment,  bowl- 
ing alley,  theatre,  concert  hall,  or  place  of  amuse- 
ment, passenger  or  freight  elevator,  factory  or  work- 
shop, or  as  messenger  or  driver  therefor,  unless  there 
is  first  produced  and  placed  on  file  in  such  mercantile 
institution,  store,  office,  hotel,  laundry,  manufactur- 
ing establishment,  bowling  alley,  theatre,  concert  hall 
or  place  of  amusement,  factory  or  workshop,  and 
accessible  to  the  state  factory  inspector,  assistant 
factory  inspector  or  deputy  factory  inspector,  an  age 
and  school  certificate  as  hereinafter  prescribed ;  and 
unless  there  is  kept  on  file  and  produced  on  demand 
of  said  inspectors  of  factories  a  complete  and  correct 
list  of  all  the  minors  under  the  age  of  16  years  so 
employed  who  cannot  read  at  sight  and  write  legibly 
simple  sentences,  unless  such  child  is  attending  night 
school  as  hereinafter  provided. — 8.  L.  '11,  p.  236 

54.  Age  and  school  certificate  —  how  approved. 
An  age  and  school  certificate  shall  be  approved  only 
by  the  superintendent  of  schools  or  by  a  person  au- 
thorized by  him  in  writing;  or  where  there  is  no 
superintendent  of  schools,  by  a  person  authorized  by 
the  school  board;  Provided,  that  the  superintendent 
or  principal  of  a  parochial  school  shall  have  the  right 
to  approve  an  age  and  school  certificate,  and  shall 
have  the  same  rights  and  powers  as  the  superin- 
tendent of  public  schools  to  administer  the  oaths 
herein   provided   for    children    attending   parochial 
schools :   Provided   further,    that   no   member   of   a 
school  board  or  other  person  authorized  as  aforesaid 
shall  have  authority  to  approve  such  certificates  for 

76 


CTITT.DTl'EX  §§  55-56 

any  child  then  in  or  about  to  enter  his  own  establish- 
ment, or  the  employment  of  a  firm  or  corporation  of 
which  he  is  a  member,  officer  or  employe.  The  per- 
son approving  these  certificates  shall  have  authority 
to  administer  the  oath  provided  herein,  but  no  fee 
shall  be  charged  therefor.  It  shall  be  the  duty  of  the 
school  board  or  local  school  authorities  to  designate 
a  place  (connected  with  their  office,  when  practi- 
cable) where  certificates  shall  be  issued  and  recorded, 
and  to  establish  and  maintain  the  necessary  records 
and  clerical  service  for  carrying  out  the  provisions 
of  this  act.  — 8.  L.  '11,  p.  236 

55.  Proof  of  age.    An  age  and  school  certificate 
shall  not  be  approved  unless  satisfactory  evidence 
is  furnished  by  the  last  school  census,  the  certificate 
of  birth  or  baptism  of  such  child,  the  register  of 
birth  of  such  child  with  a  town  or  city  clerk,  or  by 
the  records  of  the  public  or  parochial  schools,  that 
such  child  is  of  the  age  stated  in  the  certificate : 
Provided,  that  in  cases  arising  wherein  the  above 
proof  is  not  obtainable,  the  parent  or  guardian  of 
the  child  shall  make  oath  before  the   juvenile  or 
county  court  or  any  officer  thereof  as  to  the  age  of 
such  child,  and  the  court  may  issue  to  said  child 
an  age  certificate  as  sworn  to. — 8.  L.  '11,  p.  237 

56.  Employment  ticket.     The   age   and   school 
certificate  of  a  child  under  16  years  of  age  shall  not 
be  approved   and  signed  until  he  presents  to  the 
person  authorized  to  approve  and  sign  the  same  a 
school  attendance    certificate,    as    hereinafter    pre- 
scribed, duly  filled  out  and  signed.    A  duplicate  of 
such  age  and  school  certificate  shall  be  filled  out 
and   shall   be   forwarded   to   the   state   factory   in- 
spector's office.     Any  explanatory  matter  may  be 

77 


§  56  CHILDREN 

printed  with  such  certificate,  in  the  discretion  of  the 
school  board  or  superintendent  of  schools.  The  em- 
ployment and  the  age  and  school  certificates  shall 
be  separately  printed  and  shall  be  filled  out,  signed 
and  held  or  surrendered  as  indicated  in  the  follow- 
ing forms: 

School  Certificate. 

(Name  of  school.)  (City  or  town  and  date.) 

This  certifies  (name  of  minor)  of  the th 

grade,  can  read  and  write  legibly  simple  sentences. 
This  also  certifies  that  according  to  the  records  of 
this  school,  and  in  my  belief,  the  said  (name  of 
minor)  was  born  at  (name  of  city  or  town),  in 
(name  of  county),  on  the  (date)  and  is  now  (num- 
ber of  years  and  months)  old. 

(Name  of  parent  or  guardian.) 

(Residence.) 

(Signature  of  teacher) grade. 

(Name  of  principal.) 

Evening  School  Attendance  Certificate. 

(Date.) 
This  certifies  that  (name  of  minor)  is  registered 

in  and  regularly  attends  the evening 

school.  This  also  certifies  that  according  to  the  rec- 
ords of  my  school  and  in  my  belief  the  said  (name 
of  minor)  was  born  at  (name  of  city  or  town),  on 

the day  of   (year),  and  is  now   (number 

of  years  and  months)  old. 

(Name  of  parent  or  guardian.) 

(Eesidence.) 
(Signature  of  teacher.) 
(Signature  of  principal.) 

78 


CHILDREN  §  56 

Age  and  School  Certificate. 

This  certifies  that  I  am  (father,  mother,  guar- 
dian or  custodian)  of  (name  of  minor),  and  that 
(he  or  she)  was  born  at  (name  of  town  or  city),  in 
the  (name  of  county,  if  known)  and  state  and 

county  of on  the  (day  of  birth  and  year 

of  birth)  and  is  now  (number  of  years  and  months) 
old. 

(Signature  of  parent,  guardian  or  custodian.) 

(City  or  town  and  date.) 

There  personally  appeared  before  me  the  above 
named  (name  of  person  signing)  and  made  oath 
that  the  foregoing  certificate  by  (him  or  her)  signed 
is  true  to  the  best  of  (his  or  her)  knowledge.  T 
hereby  approve  the  foregoing  certificate  of  (name 

of  child)  height  (feet  and  inches),  weight , 

complexion  (fair  or  dark),  hair  (color),  having  no 
sufficient  reason  to  doubt  that  (he  or  she)  is  of  the 
age  therein  certified. 

Owner  of  Certificate.  This  certificate  belongs 
to  (name  of  child  in  whose  favor  it  is  drawn)  and 
is  to  be  surrendered  to  (him  or  her)  whenever  (he 
or  she)  leaves  the  service  of  the  corporation  or  em- 
ployer holding  the  same;  but  if  not  claimed  by  said 
child  within  thirty  days  from  such  time  it  shall  be 
returned  to  the  superintendent  of  schools,  or  where 
there  is  no  superintendent  of  schools,  to  the 
school  board.  (Signature  of  person  authorized  to 
approve  and  sign,  with  official  character  authority) 
(town  or  city  and  date.) 

Illiteracy.  Tn  the  case  of  a  child  who  can  not 
i-cad  al  siiilii  and  write  legibly,  simple  sentences, 
the  certificate  shall  continue  as  follows:  after  the 

79 


§§  57-58  CHILDREN 

word  sentences:  "I  hereby  certify  that  (he  or  she) 
is  regularly  attending  the  (name  of  public  or  pa- 
rochial evening  school)."  This  certificate  shall  con- 
tinue in  force  just  as  long  as  the  regular  attendance 
of  said  child  at  said  evening  school  is  certified 
weekly  by  the  teacher  and  principal  of  such  school. 
Evening  School.  In  any  city  or  town  in  which 
there  is  no  public  or  parochial  evening  school, 
an  age  and  school  certificate  shall  not  be  approved 
for  a  child  under  the  age  of  16  years  who  can  not 
read  at  sight  and  write  legibly  simple  sentences,  the 
certificate  of  the  principal  of  a  public  or  parochial 
school  shall  be  prima  facie  evidence  as  to  the  lit- 
eracy or  illiteracy  of  the  child. — 8.  L.  '11,  p.  239 

57.  Schooling   required.    No   person   shall   em- 
ploy any  minor  over  14  years  of  age  and  under  16 
years,  and  no  parent,  guardian  or  custodian  shall 
permit  to  be  employed  any  such  minor  under  his 
control  who  can  not  read  at  sight  and  write  legibly 
simple  sentences,  while  a  public  evening  school  is 
maintained  in  the  town  or  city  in  which  such  minor 
resides,  unless  such  minor  is  a  regular  attendant  at 
such  evening  school.  — 8.  L.  '11,  p.  239 

58.  Duties  of  state  inspectors  of  factories.    The 
state  inspector  of  factories,   his   assistants   or  dep- 
uties, shall  visit  all  mercantile  institutions,  stores, 
offices,    laundries,    manufacturing     establishments, 
bowling  alleys,  theatres,  concert  halls  or  places  of 
amusement,  factories  or  workshops,   and  all  other 
places  where  minors  are  or  may  be  employed  in  this 
state,   and  ascertain  whether  any  minors   are   em- 
ployed contrary  to  the  provisions  of  this  act.     In- 
spectors of  factories  may    require    that    age    and 


CHILDREN  §59 

school  certificates,  and  all  lists  of  minors  employed 
in  such  factories,  workshops,  mercantile  institutions 
and  all  other  places  where  minors  are  employed  as 
provided  for  in  this  act,  shall  be  produced  for  their 
inspection  on  demand.  And,  provided,  further,  that 
upon  written  complaint  to  the  school  board  or  local 
school  authorities  of  any  city,  town,  district  or  mu- 
nicipality, that  any  minor  (whose  name  shall  be 
given  in  such  complaint)  is  employed  in  any  mer- 
cantile institution,  store,  office,  laundry,  manufac- 
turing establishment,  bowling  alley,  theatre,  con- 
cert hall  or  place  of  amusement,  passenger  or  freight 
elevator,  factory  or  workshop,  or  as  messenger  or 
driver  thereof,  contrary  to  the  provisions  of  this 
act,  it  shall  be  the  duty  of  such  school  board  or 
local  school  authority  to  report  the  same  to  the  state 
inspector  of  factories. — s.  L.  '11,  p.  240 

59.  Hours  of  labor.  No  person  under  the  age- 
of  16  years  shall  be  employed  or  suffered  or  per- 
mitted to  work  at  any  gainful  occupation  more  than 
forty-eight  hours  in  any  one  week,  nor  more  than 
eight  hours  in  any  one  day;  or  after  the  hour  of 
8:00  o'clock  in  the  evening.  Every  employer  shall 
post  in  a  conspicuous  place  in  every  room  where 
such  minors  are  employed,  a  printed  notice  stating 
the  hours  required  of  them  each  day  of  the  week, 
the  hours  of  commencing  and  stopping  work,  and 
the  hours  when  the  time  or  times  allowed  for  din- 
ner or  other  meals  begins  and  ends.  The  printed 
form  of  such  notice  shall  be  furnished  by  the  state 
inspector  of  factories,  and  the  employment  of  any 
such  minor  for  longer  time  in  any  one  day  so 
stated  shall  be  deemed  a  violation  of  this  section. 
—8.  L.  '11,  p.  240 

81 


§§  60-61-62  CHILDREN 

60.  Prima  facie  evidence  of  a  child's  employ- 
ment.    The  presence  of  any  person  under  the  age 
of  16  years  in  any    manufacturing    establishment, 
factory     or     workshop     shall      constitute      prima 
facie   evidence   of  his   or  her   employment  therein. 
—S.  L.  '11,  p.  240 

61.  Enforcement  of  the  provisions  of  this  act. 

It  shall  be  the  special  duty  of  the  state  factory  in- 
spector to  enforce  the  provisions  of  this  act  and  to 
prosecute  all  violations  of  the  same  before  any  mag- 
istrate or  any  court  of  competent  jurisdiction  in  this 
state.  It  shall  be  the  duty  of  the  state  factory 
inspector,  assistant  state  factory  inspector  and 
deputy  state  factory  inspectors  under  the  super- 
vision and  direction  of  the  state  factory  inspector, 
and  they  are  hereby  authorized  and'  empowered 
to  visit  and  inspect,  at  all  reasonable  times, 
and  as  often  as  possible,  all  places  covered  by  this 
act;  provided,  that  this  act  shall  not  be  construed 
to  repeal  any  law  of  this  state  imposing  duties  or 
responsibilities  upon  any  other  officer  or  person  to 
make  inspections  or  bring  prosecutions  for  the  vio- 
lation of  any  school  law  or  any  other  law  of  this 
state  for  the  protection  of  children. — 8.  L.  '11,  p.  241 

62.  Child  exempted — how.     Any  child  may  be 
exempted  from  the  provisions  of  this  act  concern- 
ing employment  of  children  in  any  concert  or  the- 
atrical   exhibition    or    performance    in    any    place 
where  intoxicating  liquors  are  not  sold,  and  between 
the  ages  of  fourteen  and  sixteen,  from  any  other 
provisions  of  this  act,  except  the  provisions  of  sec- 
tion   three,    on    the    following    conditions:       Any 
such  child,  its  parent  or  person  seeking  to  employ 
such  child  shall  file  an  application  in  writing  with 


CHILDREN  §  62 

the  city  superintendent  of  schools  if  there  be  any 
such  city  superintendent  of  schools — and  if  not,  then 
with  the  county  superintendent  of  schools,  or  any 
person  deputized  by  them  to  receive  and  act  upon 
such  application,  stating  his  or  her  age,  residence, 
address,  school  attendance,  grade,  names  of  parent, 
parents  or  guardian,  and  in  detail  the  nature  of 
employment  sought,  the  number  and  character  of  the 
performances,  the  kind  of  work  required  and  the 
name  of  the  employer  and  such  facts  as  may  be 
required  to  enable  such  person  to  pass  intelligently 
upon  such  application.  Within  not  less  than  48 
hours  of  the  filing  of  such  application,  it  shall  be 
the  duty  of  such  officer  to  hear  and  determine  such 
application,  and  if  the  same  shall  be  granted,  such 
officer  granting  the  same,  shall  issue  a  written  per- 
mit to  such  child,  stating  therein  his  reasons  for 
such  permit.  If  such  application  is  refused,  the 
child  or  the  person  making  same  for  the  child  shall 
be  entitled  upon  demand,  within  24  hours  after  such 
refusal,  to  be  furnished  with  a  written  statement 
of  the  reasons  of  such  officer  for  refusing  to  issue 
such  permit.  An  appeal  may  be  taken  from  the 
decision  of  such  officer  so  passing  upon  such  appli- 
cation to  the  county  or  juvenile  court  of  the  county 
in  which  such  application  is  made,  upon  such  child, 
its  parent  or  guardian  or  any  person  interested  in 
the  protection  of  such  child  filing  a  brief  written 
petition  with  the  clerk  of  said  court,  with  a  copy 
of  such  refusal  to  grant  such  permit ;  provided,  such 
appeal  is  taken  within  ten  days  after  the  refusal 
to  issue  such  permit.  No  fee  shall  be  charged  for 
any  such  application  or  on  account  of  any  such 

S3 


§  62  CHILDREN 

appeal.  No  permit  shall  be  granted  under  the  pro- 
visions of  this  section  to  any  child  to  be  employed 
in  any  concert  or  theatrical  exhibition  or  perform- 
ance unless  it  shall  be  made  to  appear  that  suitable 
provisions  have  been  made  by  the  employer  of  such 
child  for  the  protection  of  the  moral  and  physical 
health  and  the  education  of  such  child.  The  person 
passing  upon  such  application  or  any  court  before 
whom  such  matter  may  be  brought  for  final  deter- 
mination, may,  as  a  condition  to  granting  such  per- 
mit, make  such  reasonable  terms  and  conditions  as 
shall  seem  necessary  and  proper  for  safeguarding 
the  moral  and  physical  health  of  such  child  and 
giving  it  such  educational  advantages  as  may  seem 
to  be  for  its  best  interests.  And  it  shall  be  lawful 
to  attach  as  a  condition  to  any  such  permit  men- 
tioned in  this  section  a  written  promise  of  the  em- 
ployer of  such  child  to  comply  with  the  terms  there- 
of and  a  bond  or  undertaking  to  the  people  of  the 
state  of  Colorado  in  a  penal  sum  to  be  fixed  by  the 
court,  not  exceeding  two  thousand  dollars,  with 
one  or  more  sureties  may  be  required  by  the  court 
of  such  employer  conditioned  that  he  will  faith- 
fully carry  out  the  terms  and  conditions  upon 
which  such  permit  may  be  granted.  Permits  o» 
copies  certified  to  as  correct  by  the  authorities  is- 
suing the  same  granting  exemptions  from  this  act 
for  children  to  appear  in  any  concert  or  theatrical 
performance  shall  be  kept  on  file  at  the  box  office 
of  concert  halls  or  theatre  in  which  any  such  child 
may  appear  under  such  permits.  All  such  permits 
shall  be  subject  to  inspection  by  the  humane  so- 
ciety and  probation  officers  and  factory  inspectors. 

84 


CHILDREN  §  63 

Any  person  may  apply  to  the  county  or  juvenile 
court  to  have  the  exemption  permitted  by  this  act 
revoked  by  such  court  by  filing  with  the  clerk  of 
the  court  a  short  petition  setting  up  the  facts  show- 
ing that  the  conditions  of  the  permit  granting  such 
exemption  have  been  violated,  or  that  it  is  not  for 
the  best  interest  of  such  child  to  have  such  permit 
or  exemption.  Whereupon,  the  court  shall  issue  a 
summons  or  notice  to  such  child  and  to  at  least  one 
of  its  parents  or  guardian,  if  there  be  such  parent 
or  guardian  in  the  county,  requiring  them  to  ap- 
pear before  such  court  within  not  less  than  forty- 
eight  hours  to  show  cause  why  the  prayer  of  such 
petition  should  not  be  granted  or  such  permit  or 
exemption  should  not  be  revoked.  During  that  part 
of  the  months  of  June,  July  and  August  when  the 
public  schools  are  not  in  regular  session,  children 
over  twelve  years  of  age  shall  be  entitled  to  ex- 
emptions from  the  provisions  of  this  act,  permitted 
by  section  fifteen,  upon  complying  with  the  condi- 
tions and  receiving  the  permit  provided  for  in 
said  section.  — 8.  L.  '11,  p.  241 

Note.    Section  15  above  referred  to  is  section  62  herein. 

63.  Penalties — first  offense.  Whoever,  having 
under  his  control  a  child  under  the  age  of  16  years, 
permits  such  child  to  be  employed  in  violation  of 
the  provisions  of  this  act,  shall  for  each  offense  be 
fined  not  less  than  five  dollars  nor  more  than 
twenty-five  dollars,  and  shall  stand  committed  until 
such  fine  and  costs  are  paid.  A  failure  to  pro- 
duce to  the  inspector  of  factories,  his  assist- 
ants or  deputies,  any  age  and  school  certificates 
or  lists  required  by  this  act.  shall  constitute 

85 


§  63  CHILDREN 

a  violation  of  this  act,  and  the  person  so  failing 
shall,  upon  conviction,  be  fined  not  less  than  five 
dollars  nor  more  than  fifty  dollars  for  each  offense. 
Every  person  authorized  to  sign  the  certificate 
prescribed  by  section  7  of  this  act,  who  certifies 
to  any  materially  false  statement  therein,  shall 
be  guilty  of  a  violation  of  this  act,  and  upon 
conviction  be  fined  not  less  than  five  dollars 
nor  more  than  one  hundred  dollars  for  each  offense, 
and  shall  stand  committed  until  such  fine  and  costs 
are  paid.  Any  person,  firm  or  corporation,  agent 
or  manager,  superintendent  or  foreman  of  any  firm 
or  corporation,  whether  for  himself  or  for  such 
firm  or  corporation,  or  by  himself  or  through  sub- 
agents  or  foreman,  superintendent  or  manager, 
who  shall  violate  or  fail  to  comply  with  any 
of  the  provisions  of  this  act,  or  shall  refuse 
admittance  to  premises,  or  otherwise  obstruct  the 
factory  inspector,  assistant  factory  inspector  or 
deputy  factory  inspector  in  the  performance  of 
their  duties,  as  prescribed  by'  this  act,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  convic- 
tion thereof  shall  be  fined  not  less  than  five  dol- 
lars, nor  more  than  one  hundred  dollars  for  each 
offense,  and  shall  stand  committed  until  such  fine 
and  costs  are  paid. 

It  is  the  intention  and  purpose  of  this  act  to 
extend  personal  responsibility  to  the  president  and 
general  manager  of  any  corporation  for  violation 
of  this  act  by  any  foreman,  superintendent  or  sub- 
manager  or  sub-agent. — s.  L.  'ii,  p.  243 

Note.    Section  7  above  referred  to  is  section  54  herein. 
86 


CHILDREN  g§  64-65 

64.  Penalties — second    violation.     Any    person, 
agent,  firm  or  corporation  who  shall  be  convicted 
of  a  second  violation  of  any  provision  of  this  act, 
shall  be  fined  in  a  sum  not  less  than  one  hundred 
dollars,   or  more  than  five  hundred  dollars   or  be 
imprisoned  in  the   county  jail   for  not   to   exceed 
ninety  days  or  by  both  such  fine  and  imprisonment, 
in  the  discretion  of  the  court. — 8.  L.  '11,  p.  244 

DELINQUENT  CHILDREN 

65.  Definition  of  terms — application  of  act — evi- 
dence.    This  act  shall  apply  only  to  children  sixteen 
years    of   age    or    under,    not    inmates    of    a    state 
institution,  or  any  institution  incorporated  under  the 
laws  of  the  state  for  the  care  and  correction  of  delin- 
quent children.   The  words  "delinquent  child"  shall 
include   any   child  sixteen   years   of  age   or  under 
such  age  who  violates  any  law  of  this  state  or  any 
city  or  village  ordinance;  or  who  is  incorrigible,  or 
who  knowingly  associates  with  thieves,  vicious  or 
immoral  persons,  or  who  is  growing  up  in  idleness 
or  crime,  or  who  knowingly  Visits  or  enters  a  house 
of  ill-repute,  or  who  knowingly  patronizes  or  visits 
any  policy  shop  or  place  where  any  gaming  device  is, 
or  shall  be,  operated ;  or  who  patronizes  or  visits  any 
saloon  or  dram  shop  where  intoxjcating  liquors  are 
sold;  or  who  patronizes  or  visits  any  public  pool  room 
or  bucket  shop ;  or  who  wanders  about  the  streets  in 
the  night  time  without  being  on  any  lawful  business 
or  occupation ;  or  who  habitually  wanders  about  any 
railroad  yards  or  tracks,  or  jumps  or  hooks  on  to  any 
moving  train,  or  enters  any  car  or  engine  without 
lawful  authority;  or  who  habitually  uses  vile,  ob- 
scene, vulgar,  profane  or  indecent  language,  or  is 

87 


§§  66-67-68  CHILDREN 

guilty  of  immoral  conduct  in  any  public  place  or 
about  any  school  house.  Any  child  committing  any 
of  the  acts  herein  mentioned  shall  be  deemed  a 
juvenile  delinquent  person,  and  shall  be  proceeded 
against  as  such  in  the  manner  hereinafter  provided. 
A  disposition  of  any  child  under  this  act,  or  any  evi- 
dence given  in  such  cause,  shall  not  in  any  civil, 
criminal  or  other  cause  or  proceeding  whatever  in 
any  court  be  lawful  or  proper  evidence  against  such 
child  for  any  purpose  whatever,  excepting  in  subse- 
quent cases  against  the  same  child  under  this  act. 
The  word  "child"  or  "children"  may  mean  one  or 
more  children,  or  the  word  "parent"  or  "parents" 
may  mean  one  or  both  parents  when  consistent  with 
the  intent  of  this  act. — R.  8.  586 

66.  Penalty.     Any  person  who  shall  be  convicted 
of  violating  any  of  the  provisions  of  the  preceding 
sections  of  this  act,  shall  be  fined  not  exceeding  one 
hundred  dollars,  or  be  imprisoned  in  the  county  jail 
not  exceeding  three  months,  or  both,  in  the  discretion 
of  the  court ;  and  upon  conviction  for  a  second  or  any 
subsequent  offense,  shall  be  fined  not  exceeding  two 
hundred  dollars,  or  be  imprisoned  in  the  county  jail 
not  exceeding  six  months. — R.  S.  603 

67.  Delinquent  girls  under  eighteen.     From  and 
after  the  passage  of  this  act,  any  law  of  this  state 
defining  delinquency  or  concerning  contributory  de- 
linquency shall,  for  the  .protection  of  girls,  be  held 
to  include  all  girls  under  the  age  of  eighteen  years. 
—8.  L.  '11,  p.  298 

PHYSICAL   EXAMINATION 

68.  State  superintendent  prepare  suitable  test 
card.     The  state  superintendent  of  public  instruction 
shall  prepare  or  cause  to  be  prepared  suitable  test 


CHILDREN  §  69 

cards,  blanks,  record  books,  and  other  needful  appli- 
ances and  supplies  to  be  used  in  testing  the  sight, 
hearing  and  breathing  of  pupils  in  the  public  schools, 
and  the  necessary  instructions  for  their  use ;  and  shall 
furnish  the  same  free  of  expense  to  every  public 
school  in  the  state.  The  teacher  or  principal  in  every 
public  school,  or  where  there  is  no  principal,  the 
county  superintendent,  shall,  during  the  first  month 
<>!'  each  school  year,  test  the  sight, hearing  and  breath- 
ing of  all  pupils  under  his  charge,  such  examination 
to  be  made  by  observation,  without  using  drugs  or 
instruments,  and  without  coming  in  contact  with 
said  child ;  and  keep  a  record  of  such  examinations 
according  to  the  instructions  furnished  and  make  a 
written  report  of  such  examinations  to  the  state 
superintendent  of  public  instruction  as  he  may  re- 
quire.— 8.  L.  '09,  p.  490 

69.  Teacher  report  defectiveness.  Every  teacher 
in  the  public  schools  shall  report  the  mental,  moral 
and  physical  defectiveness  of  any  child  under  his 
supervision,  as  soon  as  such  defectiveness  is  apparent, 
to  the  principal  or,  where  there  is  no  principal,  to 
the  county  superintendent.  Such  principal  or  county 
superintendent  shall  promptly  notify  the  parents  or 
guardian  of  each  child  found  to  be  defective,  of  the 
child's  defectiveness,  and  shall  recommend  to  such 
parents  or  guardian  that  such  child  be  thoroughly 
examined  as  soon  as  possible  by  a  competent  physi- 
cian or  surgeon  with  special  reference  to  the  eyes, 
ears,  nose,  throat,  teeth  and  spine.  If  the  parents  or 
guardian  of  such  child  shall  fail,  neglect  or  refuse 
to  have  such  examination  made  and  treatment  begun 
within  a  reasonable  time  after  such  notice  has  been 
givon,  the  said  principal  or  superintendent  shall 

89 


§  70  CHILDREN 

notify  the  state  bureau  of  child  and  animal  protec- 
tion of  the  facts ;  Providing,  however,  That  whenever 
it  shall  be  made  to  appear  to  the  said  principal  or 
superintendent,  upon  the  written  statement  of  the 
parent  or  guardian  of  said  child,  that  such  parent  or 
guardian  has  not  the  necessary  funds  wherewith  to 
pay  the  expenses  of  such  examination  and  treatment, 
the  said  principal  or  superintendent  shall  cause  such 
examination  and  treatment  to  be  made  by  the  county 
physician  of  the  district  wherein  said  child  resides ; 
and  it  shall  be  the  duty  of  such  county  physician  to 
make  such  examination  and  treatment,  and  if  he  be 
unable  to  properly  treat  such  child  he  shall  forth- 
with report  such  fact  to  the  county  commissioners  of 
the  county,  with  his  recommendation. — 8.  L.  '09,  p.  490 

70.  Auditor  draws  warrant — biennial  expense  not 
to  exceed  one  thousand  dollars.  The  state  auditor 
is  hereby  directed  to  draw  his  order  for  such  sums 
and  at  such  times  as  the  state  superintendent  of 
public  instruction  may  require  to  carry  out  the  pro- 
visions of  this  act.  The  total  expenses  under  this  act 
shall  not  exceed  one  thousand  dollars  in  any  biennial 
period  ending  November  30. — S.  L.  '09,  p.  491 


90 


COMPULSORY  EDUCATION 


71.     Children  sent  to  school — exception — appeal. 

That  in  all  school  districts  of  this  state,  all  parents, 
guardians  and  other  persons  having  care  of  chil- 
dren shall  instruct  them,  or  cause  them  to  be  in- 
structed, in  reading,  writing,  spelling,  English 
grammar,  geography  and  arithmetic.  In  such  dis- 
tricts, every  parent,  guardian  or  other  person  hav- 
ing charge  of  any  child  between  the  ages  of  eight 
and  sixteen  years,  shall  send  such  child  to  a  public, 
private  or  parochial  school  for  the  entire  school 
year  during  which  the  public  schools  are  in  session 
in  such  districts;  Provided,  however,  That  this  act 
shall  not  apply  to  children  over  fourteen  years  of 
age  where  such  child  shall  have  completed  the  eighth 
grade,  or  may  be  eligible  to  enter  any  high  school 
in  such  district,  or  where  its  help  is  necessary  for 
its  own  or  its  parent's  support,  or  where  for  good 
cause  shown  it  would  be  for  the  best  interests  of 
such  child  to  be  relieved  from  the  provisions  of  this 
act;  Provided,  further,  That  if  such  child  is  being 
sufficiently  instructed  at  home N  by  a  person  qual- 
ified, such  child  shall  not  be  subject  to  the  provisions 
of  this  act;  and  Provided,  further,  That  if  a  repu- 
table physician  within  the  district  shall  certify  in 
writing  that  the  child's  bodily  or  mental  condition 
does  not  permit  its  attendance  at  school,  such  child 
shall  be  exempt  during  such  period  of  disability 
from  the  requirements  of  this  act.  It  shall  be  the 
duty  of  the  superintendent  of  the  school  district, 
if  there  be  such  superintendent,  and,  if  not,  then 

n 


5  71  COMPULSORY  EDUCATION 

the  county  superintendent  of  schools,  to  hear  and 
determine  all  applications  of  children  desiring  for 
any  of  the  causes  mentioned  herein  to  be  exempted 
from  the  provisions  of  this  act,  and  if  upon  such 
application  such  superintendent  hearing  the  same 
shall  be  of  the  opinion  that  such  child  is  for 
any  reason  entitled  to  be  exempted  as  aforesaid, 
then  such  superintendent  shall  issue  a  written  per- 
mit to  such  child,  stating  therein  his  reasons  for 
such  exemption.  An  appeal  may  be  taken  from  the 
decision  of  such  superintendent  so  passing  upon 
such  application  to  the  county  court  of  the  county 
in  which  such  district  lies,  upon  such  child  making 
such  application  and  filing  the  same  with  the  clerk 
or  judge  of  said  court  within  ten  days  after  its  re- 
fusal by  such  superintendent,  for  which  no  fee  to 
exceed  the  sum  of  one  dollar  shall  be  charged,  and 
the  decision  of  the  county  court  shall  be  final.  An 
application  for  release  from  the  provisions  of  this 
act  shall  not  be  renewed  oftener  than  once  in  three 
months.— R.S.  530 

Law  does  not  prohibit  a  pupil  from  being  expelled. 

1.  The  compulsory  attendance  law  does  not  prohibit  a 
pupil   from  being  expelled   from  public  school,   in   proper 
cases. 

Parents  cannot  avoid  law  by  sending  children  away. 

2.  When  a  boy's  parents  live  in  a  school  district  they 
cannot  avoid  the  provisions  of  the  compulsory  law  by  send- 
"ing  their  son  to  another  locality,  the  child  and  the  parents 
being  exactly  as  liable  to  the  provisions  of  the  law  as  if  they 
were  keeping  him  in  town  and  he  was  not  attending  school. 

Demands  of  law  not  met  by  teaching  German. 

3.  The  demands  of  a  compulsory  education  law  would 
not  be  met  in  case  a  child  attended  a  private  school  in  which 
the  German  language  was  used,  as  the  intent  of  the  law  is 
that  the  child  shall  receive  for  the  time  specified  equivalent 


COMPULSORY  EDUCATION  S  72 

instruction  to  that  given  through  the  public  schools,  which 
the  law  requires  shall  be  taught  in  the  English  language. 

Instruction  at  home. 

4.  The  law  provides  that  a  child  who  does  not  attend 
the  public  school  shall  be  taught  at  home  in  such  branches 
as  are  usually  taught  in  the  public  schools,  subject  to  the 
same  examinations  as  the  pupils  of  the  district  in  which  the 
child  resides.    While  the  law  states  that  the  child  should  be 
instructed  by  some  person  qualified,  nothing  is  given  in  re- 
gard to  a  legal  qualification,  such  as  obtaining  a  teacher's 
certificate. 

Instruction  in  private  schools. 

5.  The  compulsory  school  law  requires  that  children 
between  the  ages  of  eight  and  sixteen, .attending  a  private 
school,  should  receive  such  instruction  as  would  be  an  equiv- 
alent to  that  given  in  the  public  schools.     It  is  the  duty  of 
the  truant  officer  to  investigate  such  cases  and  require  what- 
ever statements  may  be  necessary  concerning  the  work. 

Does  not  apply  to  deaf  and  blind. 

6.  Attendance  is  not  compulsory  at  the  state  school  for 
the  deaf  and  blind. 

72.  Children  under  14  years  not  employed— 
penalty  for  employing,  No  child  under  the  age  of 
14  years  shall  be  employed  by  any  person,  persons, 
company  or  corporations  during  the  school  term 
and  while  the  public  schools  are  in  session,  unless 
the  parent,  guardian  or  person  in  charge  of  such 
child  shall  have  fully  complied  with  section  one  of 
this  act.  Every  such  employer  shall  require  proof 
of  such  compliance,  and  shall  make  and  keep  a 
written  record  of  the  proof  given,  which  shall  be- 
subject  to  the  inspection  of  the  truant  officer,  su- 
perintendent of  schools,  or  any  school  director  of 
the  district.  Any  employer  employing  any  child 
contrary  to  the  provision  of  this  section,  shall  be 
fined  not  less  than  twenty-five  nor  more  than  one 
hundred,  dollars.  —  R.  S.  531 


§§  73-74  COMPULSORY  EDUCATION 

73.  Minors  between  14  and  16  must  read  and 
write — duty  of  employer — penalty.    All  minors  over 
the  age  of  14  years  and  under  the  age  of  16  years 
who  can  not  read,  and  write  the  English,  language, 
shall  attend  school  at  least   one-half   day   of  each 
day,  or  attend  a  public  night  school,  or  take  regular 
private  instruction  from  some  person  qualified,  in 
the  opinion  of  the  county  superintendent  of  schools, 
in  which  such  district  or  the  greater  portion  of  the 
same    lies,    until    such   minor    obtains    a    certificate 
from  such  superintendent  that  he  or  she  can  read 
at  sight  and  write  legibly,  simple  sentences  in  Eng- 
lish.    Every  employer  employing  or  having  in  em- 
ployment any  such  minor  shall  exact  as  a  condition 
of  employment  the  school  attendance  or  instruction 
required  by  this  section,   and  shall   on  request  of 
the  truant   officer,   furnish  the  evidence  that   such 
minor  is  complying  with  the  requirements  of  this 
section.    Every  employer  failing  to  comply  with  the 
requirements   of  this   section  as  to  any  minor   em- 
ployed by  him  or  in  his  employ,  shall  be  fined  not 
less   than  twenty-five   dollars,   and   not   more   than 
one  hundred  dollars;  Provided,  That  any  employer 
with  the^  approval  or  consent  of  the  county  super- 
intendent  of  schools   may   make  provision  for  the 
private     instruction     of     minors     in     his     employ. 
— R.  8.  532 

74.  Truant — who  is — juvenile  disorderly  person. 

Every  child  within  the  provisions  of  this  act  who 
does  not  ^attend  school,  as  provided  in  section  one 
of  this  act,  or  who  is  in  attendance  at  any  public, 
private  or  parochial  school,  and  is  vicious,  incor- 
rigible or  immoral  in  conduct,  or  who  is  an  habitual 
truant  from  school,  or  who  habitually  wanders  about 

M 


COMPULSORY  EDUCATION  §  75 

the  streets  and  public  places  during  school  hours 
without  any  lawful  occupation  or  employment,  or 
who  habitually  wanders  about  the  streets  in  the 
night  time,  having  no  employment  or  lawful  occu- 
pation, shall  be  deemed  a  juvenile  disorderly  per- 
son, and  be  subject  to  the  provisions  of  this  act. 
— R.  8.  533 

School  directors  must  enforce  law. 

1.  It  is  the  duty  of  the  school  board  to  enforce  the  com- 
pulsory law.  Complaint  of  its  violation  may  be  made  by  any 
elector  of  the  district. 

75.  Truant  officer — powers — duties — record.  To 
aid  in  the  enforcement  of  this  act,  the  board  of 
school  directors  in  districts  of  the  first  and  second 
class  shall  have  power,  and  it  shall  be  their  duty, 
to  appoint  one  or  more  truant  officers  whose  com- 
pensation shall  be  fixed  by  the  board  appointing 
him.  The  truant  officer  shall  be  vested  with  police 
powers,  and  shall  have  authority  to  enter  work- 
shops, factories,  stores  and  all  other  places  where 
children  may  be  employed,  and  jn  the  way  of  in- 
vestigation or  otherwise,  to  enforce  this  act.  The 
truant  officer  shall  institute  proceedings  against  any 
officer,  parent,  guardian,  person  or  corporation  who 
shall  violate  any  of  the  provisions  of  this  act,  and 
shall  otherwise  discharge  the  provisions  of  this  act, 
and  perform  such  other  services  as  the  county  su- 
perintendent of  schools  or  the  board  of  directors 
of  the  school  district  may  deem  necessary  to  pre- 
serve the  morals  and  secure  the  good  conduct  of 
school  children,  and  to  enforce  this  act.  The  truant 
officer  shall  keep  a  record  of  his  transactions  for 
the  inspection  of  the  county  superintendent  of 
schools  and  of  the  directors  of  the  school  district, 


§§  76-77  COMPULSORY  EDUCATION* 

and  suitable  blanks  shall  be  provided  for  his  use  by 
the  secretary  of  the  school  district. — R.  8.  534 

76.  Truancy  officer  in  third  class  districts.   The 
board  of  school  directors  in  school  districts  of  the 
third  class  in  this  state  shall  appoint  a  truancy  of- 
ficer whose  powers  and  duties  shall  be  the  same  as 
those  prescribed  by    law    for    truancy    officers    in 
school  districts  of  the  first  and  second  class.     His 
compensation  shall  be  fixed  by  the  board  appoint- 
ing him  and  may  be  by  the  day  for  the  time  actually 
consumed  in  the   discharge   of  his  duties  as  such 
officer..   A'  member  of  the  school  board  may  be  ap- 
pointed truancy  officer.— 8.  L.  '11,  p.  250 

77.  Truant  officer — duties — conviction  of  parent 
—penalty — bond — defense.    The  truant  officer  shall 
examine  into  any  case  of  truancy  within  his  district, 
and  shall  warn  the  parent,  guardian,  or  others  in 
charge   of  the   child   of  the  final   consequences   of 
truancy  if  persisted  in.     When  any  child  between 
the  ages  of  eight  and  fourteen  years,  or  any  child 
between  the  ages  of  fourteen  and  sixteen  years,  who 
can  not  read  and  write  the  English  language,  or  is 
not  engaged  in  some  regular  employment,  or  any 
child  between  the  age  of  fourteen  years  and  sixteen 
years  who  has  been  discharged  from  employment  to 
obtain    instruction    or    schooling,    is    not    attend- 
ing   school    without    lawful    excuse    and    in    vio- 
lation   of    the    provisions    of    this    act,    the    tru- 
ant    officer    shall    notify    the    parent,     guardian, 
or  other  person  in  charge,  of  the  fact,  and  require 
such  person  to  cause  the  child  to  attend  some  rec- 
ognized school  within  five  days  from  the  date  of  the 
notice,  and  it  shall  be  the  duty  of  such  person  so 

96 


COMPULSORY  EDUCATION  §77 

to  cause  its  attendance  at  some  recognized  school. 
Upon  failure  to  do  so,  the  truant  officer  shall  make 
complaint  in  the  county  court  of  the  county  in 
which  such  child  lives,  against  the  parent,  guardian 
or  other  person  having  such  child  in  charge,  and 
upon  conviction,  the  parent,  guardian  or  other  per- 
son in  charge,  shall  be  fined  nqt  less  than  five  dol- 
lars nor  more  than  twenty  dollars,  or  the  court  may, 
in  its  discretion,  require  the  person  so  convicted  to 
give  a  bond  in  the  penal  sum  of  $100,  with  sureties 
to  the  approval  of  the  judge  of  such  court,  condi- 
tioned that  he  or  she  will  cause  the  child  under  his 
or  her  care  to  attend  some  recognized  school  within 
five  days  thereafter,  and  to  remain  at  school  during 
the  term  prescribed  at  law.  And  upon  the  failure 
or  refusal  of  the  parent,  guardian  or  other  person 
to  pay  such  fine  or  furnish  such  bond  according  to 
the  order  of  the  court,  the  said  parent,  guardian  or 
other  person  shall  be  imprisoned  in  the  county  jail 
not  less  than  ten  days  nor  more  than  thirty  days. 
For  violation  of  the  bond,  suit  may  be  brought  in 
any  court  of  competent  jurisdiction,  in  the  name  of 
the  school  district,  and  the  amount  recovered  shall 
go  to  the  school  fund  of  the  district.  If  the  parent, 
guardian  or  other  person  shall  prove  his  inability 
to  cause  the  child  to  attend  a  recognized  school,  it 
shall  be  a  defense,  but  the  child  shall  be  deemed  a 
juvenile  disorderly  person  within  the  meaning  of 
section  4  of  this  act. — R.  £.535 

Note.    Section  4  above  referred  to  is  section  74  herein. 

Truant  officers. 

1.  The  compulsory  education  law  applies  to  children  in 
the  state  between  the  ages  of  fourteen  and  sixteen,  who  can- 
not read  and  write  the  English  language,  or  who  are  not 

97 


§  78  COMPULSORY  EDUCATION 

engaged  in  some  regular  employment;  and  therefore  truant 
officers  of  the  state  are  required  to  act  with  reference  to 
such  children,  when  the  circumstances  demand,  as  with  chil- 
dren under  the  age  of  fourteen;  also,  county  courts  are  re- 
quired by  law  to  take  jurisdiction  of  such  cases. 

Funds  of  district  used  to  enforce  law. 

2.  The  funds  of  the  school  district  may  be  used  to  pay 
the  expenses  of  procedure  when  it  becomes  necessary  to 
compel  parents  to  send  children  to  school. 

78.  Juvenile  disorderly  person — commitment — 
term — expense,  "Whenever  a  child  shall ,  be  a  juve- 
nile disorderly  person  within  the  meaning  of  this 
act,  the  truant  officer,  or  any  school  teacher,  or  other 
reputable,  person,  may  make  complaint  in  the  county 
court  of  the  county  in  which  such  child  resides.  The 
county  court  shall  hear  and  determine  such  com- 
plaint, and  if  it  is  determined  that  such  child  is  a 
juvenile  disorderly  person  within  the  meaning  of 
this  act,  he  or  she  shall  be  committed  to  a  children's 
home,  if  eligible,  or  to  the  boys'  industrial  school 
or  to  the  girls'  industrial  school,  or  to  some  other 
training  school,  taking  into  account  the  years  of  the 
child  with  reference  to  the  institution  selected.  Any 
child  committed  to  a  children's  home,  on  its  being 
shown  to  the  judge  of  said  court  that  it  is  incorri- 
gible and  vicious,  may  be  transferred  to  the  in- 
dustrial school  or  other  proper  institution.  No  child 
committed  to  any  reformatory  shall  be  detained  be- 
yond its  majority,  and  may  be  discharged  sooner 
or  paroled  by  the  trustees  or  board  of  control  under 
rules  and  restrictions  applicable  to  other  inmates. 
Any  order  of  commitment  may  be  suspended  by  the 
judge  of  the  county  court  during  such  time  as  the 
child  may  regularly  attend  school  and  properly  con- 
duct itself.  The  expense  of  the  transportation  of 

98 


COMPULSORY  EDUCATION  §§  79-80-81 

the  child  to  the  juvenile  reformatory,  and  of  the 
costs  of  the  case  in  which  the  order  of  commitment 
is  made,  shall  be  paid  by  the  county  from  which  the 
child  is  committed. — R.  S,  536 

79.  Child  unable  to  attend  school — relief.  When 
any  truant  officer  is  satisfied  that  any  child  within 
the  requirements   of  this   act  is   unable  to   attend 
school  because  required  to  work  at  home  or  else- 
where in  order  to  support  itself  or  help  or  support 
others  legally  entitled  to  its  services,  the  truant  of- 
ficer shall  report  the  case  to  the  authorities  charged 
with  the  relief  of  the  poor,  who  shall  thereupon  af- 
ford such  relief  as  will  enable  the  child  to  attend 
school;  Provided,  That  such  child  shall  not  be  re- 
quired to  attend  more  than  three  hours  a  day  dur- 
ing school  days.    In  case  the  child  or  its  parents  or 
guardians  neglect  or  refuse  to  take  advantage  of 
such  provision  made  for  its  instruction,  such  child 
may  be  committed  to  a  children's  home  or  juvenile 
reformatory,  as  hereinbefore  provided. — .R.  #.  537 

80.  Violation — penalty.     Any  person  who  vio- 
lates any  provision  of  this  act  for  which  a  penalty 
is  not  herein  provided,  shall  be  fined  not  more  than 
fifty  dollars.— R.  S.  538 

81.  Second  conviction — penalty — trial  by  jury. 
Every  person  who,  after  having  been  convicted  once 
of  violating  any  of  the  provisions  of  this  act  shall 
be   convicted   a  second  time   of'  a   similar   offense, 
may,  in  addition  to  the  punishment  by  way  of  fine 
elsewhere  provided  for,  be  imprisoned  not  less  than 
10  days  nor  more  than  30  days ;  Provided,  That  in 
all  cases  arising  under  this  act  in  which  a  fine  or 


§  82  COMPULSORY  EDUCATION 

imprisonment  may  be  a  part  of  the  judgment,  trial 
shall  be  by  jury  if  not  waived. — R.  8.  539 

82.  Not  apply  to  districts  without  accommoda- 
tions. This  shall  not  apply  to  school  districts  in 
which  there  are  not  sufficient  accommodations  in 
the  public  schools  to  seat  children  compelled  to  at- 
tend under  the  provisions  of  this  act.—  R.  8.  540 


10Q 


COUNTY  SUPERINTENDENT 


83.  Election — oath — bond — term  of  office.  There 
shall  be  elected  in  each  county,  at  the  general  elec- 
tion in  the  year  one  thousand  eight  hundred  and 
seventy-seven,  and  biennially  thereafter,  a  county 
superintendent  of  public  schools,  who  shall  take 
office  on  the  second  Tuesday  of  January  next  suc- 
ceeding that  in  which  such  election  shall  be  held. 
He  shall  hold  his  office  for  two  years,  and  until  his 
successor  shall  be  elected  and  qualified.  Before  en- 
tering upon  the  duties  of  his  office,  he  shall  take  the 
oath  prescribed  by  the  constitution,  and  execute  a 
bond  payable  to  the  people  of  the  state  of  Colorado, 
with  two  or  more  sureties,  to  be  approved  by  the 
board  of  county  commissioners,  in  penalty  of  not 
less  than  two  thousand  dollars,  to  be  increased  at 
the  discretion  of  said  board,  conditioned  upon  the 
faithful  performance  of  the  duties  of  his  office  and 
the  delivery  of  all  moneys  and  property  as  such  su- 
perintendent to  his  successors,  which  bond  shall  be 
filed  in  the  office  of  the  county  clerk.—  R.  s.  5877 

Qualifications. 

1.  In  addition  to  other  qualifications,  a  person  to  be 
eligible  to  the  office  of  county  superintendent  must  have 
resided    in    the    county   at   least    one   year    preceding    his 
election. 

2.  If  the  county  superintendent  fails  to  turn  over  to 
the  county  treasurer  moneys  received  by  him  as  required 
by  law,  and  also  does  not  turn  over  to  his  successor  the 
records  of  the  office,  the  matter  should  be   called  to  the 
attention  of  the  county  commissioners.    They  may,  by  law, 
proceed  in  a  civil  action  for  the  recovery  of  any  moneys 
due  the  county. 

101 


§§  84-85-86  COUNTY  SUPERINTENDENT 

3.  The  county  superintendent  is  also  liable  upon  his 
bond  for  the  improper  performance  of  his  duty. 

84.  Act  till  successor  qualified.    When  the  term 
of  any  sheriff,    *    *    *    or  other  county  officers  shall 
expire,  as  now  provided  by  law,  it  shall  be  lawful 
for  such  officer,  whether  re-elected  or  not,  and  his 
deputies,  to  continue  to  perform  all  the  duties  of 
such  office  until  his  successor  shall  be  duly  qualified 
as  required  by  law. — R.  S.  1355 

85.  Failure  to  qualify— vacancy— appointment-. 
Should  the  superintendent-elect  fail  to  qualify  as 
aforesaid,  or  should  there  occur  a  vacancy  in  said 
office,  the  board  of  county  commissioners  shall  at 
their  next  meeting  after  such  vacancy  or  failure  to 
qualify  occurs,  appoint  an  eligible  and  suitable  per- 
son, who  shall  qualify  within  ten  days  after  his  ap- 
pointment, and  who  shall  continue  in  office  until  the 
next  general  election  thereafter.     Should  such  ap- 
pointee fail  to  qualify,  as  aforesaid,  another  appoint- 
ment shall  be  made  in  the  same  manner,  until  the 
vacancy  shall  be  filled  by  appointment  or  election. 
— R.  8.  5878 

86.  When  office  becomes  vacant.    Every  county 
office  shall  become  vacant  on  the  happening  of  either 
of  the  following  events  before  the  expiration  of  the 
term  of  office : 

First — The  death  of  the  incumbent. 

Second — His  resignation. 

Third — His  removal. 

Fourth — His  ceasing  to  be  an  inhabitant  of  the 
county  for  which  he  was  elected  or  appointed. 

Fifth — His  conviction  of  any  infamous  crime, 
or  any  offense  involving  a  violation  of  his  official 
oath. 

102 


COUNTY  SUPERINTENDENT  §  87 

Sixth — His  refusal  or  neglect  to  take  his  oath  of 
office,  or  to  give  or  renew  his  official  bond,  or  to  de- 
posit such  oath  and  bond  within  the  time  prescribed 
by  law. 

Seventh — The  decision  of  a  competent  tribunal, 
declaring  void  his  election  or  appointment.-^,  s.  1359 

87,  Classification  of  counties  to  regulate  sala- 
ries, For  the  purpose  of  regulating  the  amount,  of 
compensation  of  county  superintendents  of  schools, 
the  counties  of  the  state  are  divided  into  seven 
classes  as  follows : 

The  City  and  County  of  Denver,  El  Paso  and 
Las  Animas  Counties  shall  be  the  first  class ;  Pueblo, 
Weld,  Boulder,  Fremont  and  Teller  Counties  shall 
be  the  second  class ;  Conejos,  Delta,  Garfield,  Gilpin, 
Huerfano,  Lake,  Larimer,  Mesa,  Montrose,  and  Otero 
Counties  shall  be  the  third  class;  Chaffee,  Clear 
Creek,  Douglas,  Eagle,  Elbert,  Jefferson,  Qunnison, 
La  Plata,  Ouray,  Rio  Grande,  Pitkin,  Park,  Prow- 
ers  and  Saguache  Counties  shall  be  the  fourth  class ; 
Bent,  Custer,  Cheyenne.  Kit  Carson,  Logan,  Monte- 
zuma,  Morgan,  Routt,  San  Miguel  and  Yuma  Coun- 
ties shall  be  the  fifth  class;  Archuleta,  Baca,  Cos- 
tilla,  Grand,  Kiowa,  Lincoln,  Mineral,  Phillips,  Rio 
Blanco,  San  Juan,  Sedgwick,  Summit  and  Washing- 
ton shall  be  the  sixth  class;  Dolores  and  Hinsdale 
shall  be  the  seventh  class.  County  superintendents 
of  schools  shall  receive  the  following  compensation, 
to  be  paid  quarterly  out  of  the  county  treasury,  to 
wit:  In  counties  of  the  first  class,  an  annual  salary 
of  twenty-eight  hundred  dollars;  in  counties  of  the 
second  class,  an  annual  salary  of  two  thousand  dol- 
lars ;  in  counties  of  the  third  class,  an  annual  salary 

103 


§  88  COUNTY  SUPERINTENDENT 

of  twelve  hundred  dollars ;  in  counties  of  the  fourth 
class,  an  annual  salary  of  eleven  hundred  dollars; 
in  counties  of  the  fifth  class,  an  annual  salary  of 
eight  hundred  dollars ;  in  counties  of  the  sixth  class, 
an  annual  salary  of  five  hundred  dollars ;  in  counties 
of  the  seventh  class,  an  annual  salary  of  one 
hundred  dollars;  in  all  but  first  and  second  class 
counties,  boards  of  county  commissioners  may  allow 
mileage  not  to  exceed  ten  cents  per  mile  for  dis- 
tance necessarily  and  actually  traveled  in  the  per- 
formance of  duty,  not  to  exceed  an  aggregate  of 
throe  hundred  dollars  per  annum  in  any  county. 
—R.  S.  2575 

Note.  Counties  of  Jackson,  Crowley  and  Moffat  are  in  the 
fifth  class  for  compensation  of  county  superintendent.  S.  L.  '09, 
p.  436;  S.  L.  '11,  pp.  281,  520. 

County  superintendent  not  entitled  to  compensation — when. 

a.  There  is  nothing  in  the  law  imposing  a  duty  upon 
county  superintendents  to  attend  a  district  normal,  and 
the  county  superintendent  who  does  so  is  not  entitled  either 
to  mileage. or  a  per  diem  compensation,  although  he  may  be 
a  member  of  the  executive  committee  of  the  normal  district. 
— Stevens  v.  Sedgwick  Co.,  5  C.  A.  115 

88.  Expenses  of  county  superintendents — office 
hours.  The  commissioners  shall  provide  him  with  a 
suitable  office  at  the  county  seat,  and  all  necessary 
blank  books,  stationery,  postage,  expressage  and 
other  expenses  of  his  office,  not  otherwise  provided 
for,  which  last  mentioned  expenses  shall  be  paid  i'or 
from  the  county  fund.  He  shall  keep  his  office  open 
for  the  transaction  of  official  business  such  days 
each  week  as  the  duties  of  the  office  may  require. 
— R.  S.  5886 

Necessary  expenses. 

1.  As  to  what  might  be  considered  necessary  expenses 
other  than  those  enumerated,  would  be  a  matter  for  the 
county  commissioners  to  determine. 

104 


COUNTY  SUPERINTENDENT  §  89 

89.  Deputy — how  paid.  If  for  any  cause  the  su- 
perintendent is  unable  to  attend  to  the  duties  of  his 
office,  he  may  appoint  a  deputy,  who  shall  take  the 
usual  oath  or  affirmation  of  office,  and  who  may  ex- 
ercise all  the  functions  of  county  superintendent, 
but  such  deputy  shall  draw  no  salary  from  the 
public  fund;  Provided,  That  the  superintendent  may 
receive  a  per  diem  for  the  services  of  such  deputy. 
— R.  S.  5879 

Courts  Interfere  with  discretion  of  officer — when, 
a.  The  statutes  vest  in  the  county  superintendent  of 
schools  a  large  discretion  as  to  the  services  necessary  to  be 
performed  by  him  in  discharge  of  his  official  duty,  and  when 
he  renders  an  account  of  his  services  and  mileage  to  the 
county  commissioners  made  out  and  verified  as  required  by 
law,  no  authority  exists  in  the  board  to  reject  any  item  or 
charge  upon  inspection  merely  unless  it  clearly  appears 
therefrom  that  such  item  is  incorrect  or  illegal;  and  courts 
are  not  disposed  to  interfere  with  the  exercise  of  mere  dis- 
cretional authority  as  every  reasonable  intendment  is  made 
in  favor  of  the  acts  of  public  officers  who  are  sworn  to 
perform  their  official  duties  correctly  so  long  as  they  appear 
to  be  acting  in  good  faith  with  due  care  and  discretion  and 
within  the  limits  o-f  their  conceded  powers. — Smith  v.  Jef- 
ferson Co.,  10  C.  17 

Deputy  county  superintendent — pay. 

&.  There  is  no  provision  of  law,  except  in  counties  of 
the  first  class,  authorizing  the  payment  of  a  deputy  or 
assistant  county  superintendent,  and  the  board  of  county 
commissioners  have  no  discretion  in  the  matter  and  cannot 
pay  for  such  services  from  the  county  funds. — El  Paso  Co.  v. 
Finch,  8  C.  A.  401 

Fractions  of  day  not  recognized. 

c.  The  law  does  not  recognize  fractions  of  days,  and 
where  a  public  officer's  compensation  is  fixed  by  a  per  diem 
for  the  time  necessarily  devoted  to  the  duties  of  his  office, 
such  officer  is  entitled  to  the  daily  compensation  for  each 
day  on  which  it  becomes  necessary  to  perform  any  sub- 
stantial official  service  regardless  of  the  time  occupied. — 
Smith  v.  Jefferson  Co.,  10  C.  A.  17;  Oar  field  Co.  v.  White, 
16  C.  A.  516 

105 


§90  COUNTY  SUPERINTENDENT 

Deputy — compensation. 

1.  A  county  superintendent  may  employ  some  one  to 
do  the  work  incidental  to  his  office,  the  person  thus  em- 
ployed  to  be   remunerated  by  the  county  superintendent, 
except  that  in  counties  of  first  class  such  assistant  may  be 
paid  from  county  treasury. 

2.  Deputy  county  superintendents,  except  in  counties 
of  first  class,  can  only  receive  a  per  diem,  such  as  may  be 
fixed  by  county  superintendent  and  allowed  by  the  county 
commissioners,  and  a  failure  to  provide  mileage  leads  to 
the  conclusion  that  it  was  not  intended  that  deputy  super- 
intendents should  receive  mileage  at  all. 

3.  A  county  superintendent  of  a  county  of  the  first 
class  may  employ  a  deputy,  whose  salary  shall  be  fixed  by 
the  board  of  county  commissioners,  and  who  shall  be  paid 
from  the  county  treasury. 

Deputy  not  necessarily  resident  of  county. 

4.  Since  there  is  no  statutory  law  requiring  the  deputy 
or  a  county  superintendent  to  be  a  resident  of  such  county 
where  there  is  a  joint  district  practically  inaccessible  to 
the  county  superintendent  of  the  one  county,  but  easy  of 
access  to  the  county  superintendent  of  the  other  county,  the 
latter  can  be  appointed   a   deputy   of  the  former  for  the 
purpose  of  visiting  such  school  in  compliance  with  the  law. 

90.  Deputies  and  assistants  of  county  superin- 
tendent— compensation.  Deputies  and  assistants  may 
be  employed  by  the  sheriffs,  county  clerks,  county 
treasurers,  county  assessors  and  county  superintend- 
ents of  schools,  under  the  direction  of  the  board  of 
county  commissioners  for  said  counties  respectively, 
and  clerks  of  the  district  court  under  direction  of  the 
judge  of  such  court,  and  shall  be  paid  salaries  out  of 
the  fees,  commission^  and  emoluments  of  the  office 
wherein  employed  (except  employes  of  county  as- 
sessor and  of  county  superintendent,  who  shall  be 
paid  out  of  the  county  treasury),  the  compensation 
and  time  of  service  to  be  fixed  by  the  board,  the 
selection  of  said  deputies  and  employes  to  be  made 
by  the  officer  authorized  to  employ  them ;  Provided, 

106 


COUNTY  SUPERINTENDENT  §§91-92 

That  the  provisions  of  this  section  relating  to  the 
county  superintendents  of  schools  shall  apply  only 
in  counties  of  the  first  class. — R.  8.  2580 

Deputy  not  necessarily  resident  of  county. 
1.  Since  there  is  no  statutory  law  requiring  the  deputy 
or  a  county  superintendent  to  be  a  resident  of  such  county, 
where  there  is  a  joint  district  practically  inaccessible  to 
the  county  superintendent  of  the  one  county,  but  easy  of 
access  to  the  county  superintendent  of  the  other  county, 
the  latter  can  be  appointed  a  deputy  of  the  former  for  the 
purpose  of  visiting  such  school  in  compliance  with  the  law. 

91.  County  superintendent's  annual  report.    On 

the  first  Tuesday  of  September  in  each  year,  the 
county  superintendent  shall  make  a  report  to  -the 
superintendent  of  public  instruction  for  the  school 
year  ending  June  30  next  preceding,  which  report 
shall  contain  an  abstract  of  the  reports  made  to  him 
by  district  secretaries,  and  such  other  matters  as  the 
superintendent  of  public  instruction  may  direct,  and 
shall  be  in  such  form  and  upon  such  blanks  as  the 
superintendent  of  public  instruction  shall  furnish. 
The  county  superintendent  shall  retain  a  copy  of  all 
such  reports  and  file  the  same  in  his  office.— R.  s.  5880 

92.  Penalty  for  failure  to  report.    If  the  county 
superintendent  fails  to  make  a  full  and  correct  re- 
port to  the  superintendent  of  public  instruction,  as 
provided  by  law,  and  shall,  after  written  request  or 
notice  from  the  superintendent  of  public  instruction, 
or  from  the  board  of  county  commissioners,  delay 
more  than  ten  days  after  the  service  of  such  notice 
to    make    such    report,    he    shall    forfeit    the    sum 
of  one   hundred  dollars,  which  sum  the   board  of 
county  commissioners  may  deduct  from  any  money 
due  him ;  said  forfeit  may,  however,  be  recovered  by 
suit,  upon  his  official  bond. — R.  S.  5882 

107 


-94  COUNTY  SUPERINTENDENT 

93.  Administer  oaths.     The  county  superintend- 
ent shall  have  power,  and  is  hereby  authorized,  to 
administer  oaths  and  affirmations  to  school  directors, 
teachers   and  all   other  persons   in  official  matters 
relating  to  schools;  but  shall  receive  no  fee  for  so 
doing. — R.  8.  5883 

94.  Duties  of  county  superintendents.     It  shall 
be  the  duty  of  the  county  superintendent  to  exercise 
a  careful  supervision  over  the  schools  of  his  county, 
to  visit  each  school  at  least  once  during  each  quarter 
it  is  in  session,  to  see  that  all  the  provisions  of  this 
act  are  observed  and  followed  by  teachers  and  school 
officers;    to    examine   the    accounts    of   the    district 
officers  to  see  if  such  accounts  are  properly  kept, 
and  all  district   funds   properly  accounted  for;   to 
keep,  in  a  good  and  substantial  bound  book,  a  record 
of  his  official  acts,  and  of  other  matters  required  by 
law  to  be  recorded;  to  obey  the  legal  instructions 
and  decisions  of  the  superintendent  of  public  instruc- 
tion.    He  shall  also  keep  a  record  of  the  registers, 
record  books  and  order  books  furnished  to  the  sev- 
eral districts  of  his  county;  and  it  shall  be  his  duty 
to  hold  county  teachers'  associations  whenever,  in 
his  judgment,  the  interests  of  the  school  work  de- 
mand it ;  the  records  of  the  county  superintendent 's 
office  shall  be  open  to  the  inspection  of  any  citizen 
of  the  county,  and  within  one  week  from  the  close 
of  each  school  year  he  shall  publish  in  some  news- 
paper published  in  the  county,  if  there  be  such  a 
paper,  a  statement  of  the  apportionment  of  school 
funds  for  the  year  preceding. — R.  S.  5881 

County  superintendents  sue  in  official  capacity, 
a.     County  superintendents  have  the  right  to   sue   in 
their  official  capacity,  and  may  maintain  such  actions  as 
are  necessary  to  the  fulfillment  of  the  duties  of  their  offices; 

108 


COUNTY  SUPERINTENDENT  §  94 

and  to  this  end  may  bring  an  action  to  restrain  a  board  of 
directors  from  employing  a  teacher  without  a  certificate. — 
Catlin  v.  Christie,  15  C.  A.  291 

Electors  fix  boundaries  of  new  district, 
ft.  After  a  petition  to  organize  a  new  school  district 
out  of  a  portion  of  one  or  more  old  districts  has  been  pre- 
sented to  the  county  superintendent,  and  he  is  determined 
that  the  school  interests  will  be  best  promoted  by  such 
organization,  the  sole  power  to  determine  the  organization 
of  such  district  and  the  boundaries  thereof  is  vested  in  the 
electors;  and  such  a  district  cannot  be  organized,  or  its 
proposed  or  established  boundaries  changed  by  the  board 
of  directors,  the  county  superintendent,  or  the  state  board 
of  education. — People  v.  VanHorn,  20  C.  A.  215 

Sale  of  school  house — when  void. 

1.  A  sale  of  a  school  house,  unless  authorized  by  vote 
of  the  electors  of  the  district,  is  void  and  may  be  set  aside 
in  the  proper  proceedings  instituted  by  any  elector  of  the 
district  or  by  the  county  superintendent. 

Separate  reports  sent — to  whom. 

2.  In  a  district  where  there  are  two  schools,  the  dis- 
trict teachers  should  send  in  separate  reports  to  the  county 
superintendent  and  secretary. 

County  superintendent  may  teach. 

3.  There  is  nothing  in  the  school  law  of  this  state  to 
prevent  a  county  superintendent  from  teaching  in  his  county 
on  account  of  his  holding  that  office. 

County  superintendent  not  entitled  to  salary  as  secretary. 

4.  The  law  provides  that  the  county  superintendent 
shall  be  ex-officio  a  member  and  secretary  of  the  county 
high  school  committee;  and  therefore,  all  services  performed 
by  him  as  said  secretary  is  by  virtue  of  his  office  of  county 
superintendent  and  for  which  he  is  entitled  to  no  further 
compensation  than  his  salary  as  superintendent. 

Duties. 

5.  It  is  necessary  to  publish  the  apportionment  made 
to  each  district  in  some  newspaper  published  in  your  county 
within  one  week  of  the  close  of  each  school  year. 

6.  More  than  any  other  person,  the  county  superin- 
tendent is  the  one  to  look  after  that  portion  of  the  school 
fund    arising    from    fines,    forfeitures,    etc.      (Section    177 
herein.)     He  should  examine  the  books  of  the  county  treas- 

109 


§  94  COUNTY  SUPERINTENDENT 

urers,  records  and  fee  books  of  justices  of  the  peace  and 
clerks  of  courts,  to  ascertain  whether  or  not  the  fines  have 
been  collected,  and  if  collected,  whether  they  have  been 
placed  to  the  credit  of  the  proper  fund  and  paid  over. 

Can  refuse  examination  papers  from  another  county. 

7.  Neither  the  state  superintendent  of  public  instruc- 
tion nor  the  state  board  of  education  have  the  power  to 
compel  a  county  superintendent  to  recognize  examination 
papers  prepared  under  the  supervision  of  the  county  super- 
intendent of  another  county,  as  this  is  a  mere  matter  of 
comity. 

Illegal  expenditure  of  funds — protest — suit  to  recover. 

8.  Any  elector  of  the  district  or  the  county  superin- 
tendent of  the  county,  through  legal  process,  may  prevent 
the  board  from  paying  out  money  as  wages  to  a  teacher 
when  she  does  not  possess  the  necessary  certificate. 

9.  The  county  superintendent  has  the  right  and  it  is 
his  duty  to  protest  against  the  registering  of  a  school  war- 
rant when  he  has  reason  to  suspect  fraud,  and  if  he  has 
proof  of  fraud  in  connection  with  the  warrant,  he  has  the 
same  right  as  an  elector  of  the  district  to  bring  proceedings 
to  stop  the  payment  of  the  warrant. 

10.  When  funds  are  used  in  violation  of  the  law,  any 
elector  of  the  district  or  any  county  superintendent  has  the 
right  at  any  time  after  said  funds  have  been  so  used,  to 
bring  suit  to  recover  the  same,  the  members  of  the  school 
board  that  signed  the  illegal  warrants  being  liable  for  the 
amount  involved. 

Powers. 

11.  TKe   county  superintendent's   signature   is   of   no 
legal  value  in  drawing  warrants. 

12.  As  between  school  directors  and  the  county  super- 
intendent, the  latter  has  advisory  powers  only  in  arranging 
course  of  study,  selection  of  books  and  grading  of  schools. 

13.  A  county  superintendent  has  the  right  to  demand 
the  resignation  of  any  member  of  a  school  board  who  per- 
sistently violates  the  law,  and  the  superintendent  or  any 
elector  of  the  district  has  the  right  to  institute  proceedings 
for  the  same  purpose,  but  the  courts  alone  have  power  to 
remove  such  officer. 

14.  Where  a  county  superintendent  calls  a  county  insti- 
tute or  teacher's  association,  he  has  not  the  right  to  rule 
that  the  district  must  pay  the  teacher  the  same  as  if  she 
had  taught  school,  although  the  school  board  has  the  right 

110 


COUNTY  SUPERINTENDENT  §  95 

to  allow  the  teacher  such  time  and  pay  her  for  it  upon 
request  of  the  county  superintendent,  but  the  authority  in 
the  matter  rests  with  the  district  board. 

15.  The  county  superintendent  is  not  authorized  by 
law  to  apportion  from  the  general  school  fund  a  per  capita 
amount  to  a  district  high  school  for  the  pupils  attending 
from  other  districts. 

16.  If  the  board  of  directors  of  a  district  refuse  to 
grant  a  school,  the  county  superintendent  would  have  no 
power  to  compel  it  to  do  so. 

17.  If  the  school  board  is  not  informed  as  to  cases  of 
truancy,  it  is  the  duty  of  the  county  superintendent  to  take 
the  matter  up  with  the  board. 

18.  It  is  not  only  the  right  but  the  duty  of  a  county 
superintendent  to  visit  the  schools  of  a  joint  district.     She 
would  have  equal  right,  in  the  criticism  of  the  school,  with 
the  county  superintendent  in  whose  county  the  school  house 
was  located. 

19.  It  is  not  within  the  power  of  the  county  superin- 
tendent to  declare  an  election  illegal,  as  it  is  the  function  of 
the  courts  to  determine  that  matter. 

20.  The    county    superintendent    cannot    serve    as    a 
member  of  a  school  board,  for  the  general  rule  of  law  is 
that  one  person  can  not  hold  two  offices  that  are  incom- 
patible. 

21.  By  section  195  herein,  the  county  superintendent 
becomes  ex-officio  secretary  of  the  county  high  school  com- 
mittee, and  by  section  207  becomes  ex-officio  a  member  of 
the  union  high  school  committees. 

95.  Appoint  directors.  The  county  superintend- 
ent shall  appoint  directors  for  any  district  which 
fails  to  elect,  as  provided  in  section  44,  and  shall  fill 
vacancies  that  may  occur  in  any  board  of  directors 
by  reason  of  death,  removal  from  office  or  from  the 
district,  resignation  or  otherwise,  except  in  the 
boards  of  directors  of  districts  of  the  first  class,  and 
the  officers  so  appointed  shall  hold  office  only  until 
the  ensuing  regular  election. — R.  8.  5884 

Note.    Section  44  above  referred  to  is  section  142  herein. 

Vacancies  on  board — how  filled. 

1.     The  appointment  of  persons  to  fill  vacancies  in  dis- 
tricts of  the  second  and  third  classes  is  solely  with  the 

111 


§  96  COUNTY  SUPERINTENDENT 

county  superintendent.  If  a  director  is  absent  from  his 
district  30  consecutive  days,  it  is  a  valid  reason  for  ap- 
pointing his  successor  in  office. 

2.  Where  a  division  of  a  school  district  places  a  mem- 
ber of.  the   school  board  in   the  new   district   it  works   a 
vacancy  in  the  board  of  the  old  district,  and  does  not  make 
such  person  a  member  of  the  board  in  the  new  district.    A 
full  board  must  be  chosen  in  the  new  district  and  all  vacan- 
cies in  the  old  district  filled  by  appointment  made  by  the 
county  superintendent. 

3.  Vacancies  in  school  boards  of  the  second  and  third 
classes  must  be  filled  by  appointment  made  by  the  county 
superintendent,  and  the  person  so  appointed  holds  the  posi- 
tion until  the  next  annual  school  election. 

First  class  districts. 

4.  The  statutes  give  boards  of  directors  of  districts  of 
the  first  class  the  entire  authority  to  declare  and  fill  vacan- 
cies, and  with  that  authority,  by  necessary  implication,  goes 
the  authority  to  declare  vacancies,  excluding  the  idea  that 
a   county   superintendent  may   have   that   authority.     The 
county  superintendent  has  no  right  whatever  to  hold  that. 
a  vacancy  exists  in  the  board  of  a  district  of  the  first  class 
until  such  vacancy  has  been  declared  by  the  board  itself,  or 
by  the  courts. 

Failure  to  hold  annual  election. 

5.  In  case  a  school  district  has  not  held  its  annual 
meeting  to  elect  officers  and  vote  a  tax  and  a  special  elec- 
tion is  not  called  within  ten  days,  it  becomes  the  duty  of 
the  county  superintendent  to  appoint  to  the  vacant  posi- 
tions, and  the  duty  of  the  county  commissioner  to  levy  the 
tax  for  the  district.    This  is  in  accordance  with  the  latter 
part  of  section  379  of  the  school  law. 

Director  must  reside  in  district. 

6.  The  law  requires  that  a  person  who  desires  to  be  a 
candidate  for  a  school  director  must  reside  in  the  district, 
and  it  necessarily  follows  that,  in  order  to   remain   such 
director  after  election,  he  must  continue  to  reside  therein; 
and  when  he  permanently   removes  from  his   district,   he 
ceases  at  that  instant  to  be  a  director. 

96.  Boundaries  of  school  districts — record — pre- 
pare maps.  It  shall  be  the  duty  of  the  county  su- 
perintendent to  ascertain  the  boundaries  of  each 

112 


COUNTY  SUPERINTENDENT  §  97 

school  district  in  his  county,  and  to  make  and  keep 
a  record  of  the  same  in  a  suitable  bound  book, 
which  record  shall  show  definitely  the  boundaries 
of  each  district.  In  case  the  boundaries  are  found 
to  be  conflicting  or  incorrectly  described,  he  shall 
harmonize  the  same  and  make  a  report  of  such  ac- 
tion to  the  board  of  school  directors  whose  districts 
are  affected  thereby.  District  officers  shall  have  ac- 
cess to  such  records  for  the  purpose  of  examination, 
making  copies,  or  for  other  legitimate  purposes. 
The  county  superintendent  shall  prepare,  or  have 
prepared,  a  map  of  the  county,  showing  the  correct 
boundaries  of  the  districts.—^-  s.  5885 

Recording  boundaries  ministerial  duty, 
a.  The  recording  by  the  county  superintendent  of  a 
description  of  the  boundaries  of  a  newly  organized  school 
district  and  preparing  a  map  of  the  same  is  purely  a  minis- 
terial duty,  and  may  be  enforced  by  a  writ  of  mandamus. — 
People' v.  VanHorn,  20  C.  A.  215 

Boundaries  of  district. 

1.  District  boundaries  can  only  be  established  as  speci- 
fied in  the  school  law;   they  cannot  be  fixed  by  agreement 
on  the  part  of  members  of  the  school  boards. 

2.  A  county  superintendent  has  not  the   right,   after 
boundaries    are    established    in    a   new    district,    to   record 
"amended  boundaries"  for  all  the  districts,  upon  his  own 
motion,  changing  them  from  what  they  were  at  first. 

97.  County  superintendent  compare  census  list 
—ascertain  number  of  blind  and  deaf  mutes.  The 
census  list  of  the  several  districts  shall  be  carefully 
examined  and  compared  by  the  county  superintend- 
ent, and  if  the  name  of  the  same  person  be  found 
upon  more  than  one  list  he  shall  strike  said  name 
from  all  lists  except  that  of  the  district  in  which 
such  person  was  residing  in  good  faith  on  the  10th 
day  of  April  (February)  aforesaid.  The  residence 

113 


§  97  COUNTY  SUPERINTENDENT 

of  an  unmarried  person  of  school  age  shall,  in  all 
cases,  be  held  to  be  identical  with  the  bona  fide 
residence  of  the  parent  or  guardian  of  such  person ; 
Provided,  That  such  parent  or  guardian  be  a  resi- 
dent of  the  state.  If  the  county  superintendent  find 
upon  any  census  list  the  names  of  any  persons  who 
he  believes  were  not  residents  in  good  faith  of  such 
district,  as  aforesaid,  he  shall  notify  the  secretary 
certifying  the  list,  and  if  said  secretary  shall  not 
establish  the  correctness  of  the  list  within  fifteen 
days  after  such  notification,  such  names  shall 
be  stricken  from  the  list.  At  the  time  of  taking  the 
annual  census,  the  secretary  shall  use  reasonable 
diligence  to  ascertain  the  number  of  blind  and  deaf 
mute  persons  resident  in  the  district,  between  the 
ages  of  four  and  twenty-two  years,  with  the  name 
and  postoffice  address  of  each.  Said  items  shall  be 
embodied  in  his  annual  report  to  the  county  super- 
intendent.— R.  8.  5939 

Note.  Time  of  taking  census  changed  to  February  by  sec- 
tion 115  herein. 

Note.  County  superintendents  report  on  June  1  in  each  year 
to  superintendent  of  school  for  deaf  and  blind  the  names  of  per- 
sons in  their  counties  entitled  to  admission  to  such  school,  sec- 
tion 277. 

Note.    Census  defined,  section  242. 

Residence  defined. 

1.  The  word  "residing,"  as  used  in  section  240,  has  ref- 
erence to  a  permanent  residence,  and  a  person's  permanent 
residence  is  his  voting  place. 

2.  If  persons  spend  the  winter  in  town,  voting  in  the 
town  in  the  fall  and  return  to  their  homes  in  another  dis- 
trict less  than  thirty  days  previous  to  a  school  election,  they 
are  not  entitled  to  vote. 

3.  That  place  is  considered  the  residence  of  a  person 
in  which  his  habitation  is  fixed,  and  to  which,  whenever 
absent,  he  has  the  intention  of  returning;  so  a  person  should 
not  be  held  to  have  lost  his  residence  on  account  of  leaving 

114 


COUNTY  SUPKRTNTENDKNT  §  97 

home  and  going  into  another  county  or  state  for  temporary 
purposes  merely,  with  the  intention  o'f  returning. 

4.  Residence  under  the  school  law  means  a  person's 
real  home,  not  a  temporary  abiding  place;  and  when  people 
move  into  a  town  with  children  at  the  beginning  of  school, 
expecting  to  return  to  their  former  home  at  the  close,  they 
cannot  claim  residence,  and  the  school  board  has  a  right  to 
charge  tuition. 

5.  If  a  family  move  into  a  school  district  for  school 
purposes,  and  during  the  school  year  remove  therefrom,  they 
are  not  residents  of  such  district,  within  the  meaning  of  the 
school  law. 

6.  If  a  person  is  holding  a  homestead  claim  in  good 
faith,  his  residence  is  in  the  school  district  in  which  the 
homestead  is  located. 

7.  The  fact  that  a  person  pays  taxes  'in  two  counties 
does  not  give  him  the  right  to  send  children  to  school  in 
both  counties;   as  a  person's  residence  can  only  be  in  one 
place,  the  permanent  home  determines  the  proper  school  dis- 
trict. 

8.  It  would  not  be  legal  to  enroll  the  persons  of  school 
age   belonging   to   the   state   industrial   school   in   Jefferson 
county  upon  the  census  lists  of  the  school  districts  where 
the  schools  are  located,  providing  such  persons  have  a  resi- 
dence elsewhere.     The  names  of  such  persons  would  appear 
upon  the  census  lists  and   would   draw  from  the  general 
school  fund  for  the  benefit  of  the  districts  in  which  is  their 
true  residence,  and  the  state  makes  its  own  special  provision 
for  the  education  of  such  persons  in  the  industrial  schools. 

Children's  residence,  where. 

9.  In  the  case  of  a  family  residing  in  good  faith  upon  a 
homestead  on  the  10th  day  of  February,  for  the  purpose  of 
proving  up  on  the  same,  the  children  of  school  age  should 
be  listed  in  the  district  in  which  the  homestead  is  located, 
although  the  family,  for  the  purpose  of  attending  school, 
may  reside  during  school  months  in  another  district.    How- 
ever, if  the  parents  vote  in  the  latter  district,  they  are  not 
residing  upon  the  homestead  in  good  faith,  and  in  such  case 
the   children   should   be   listed   in   the   district   where   the 
parents  vote. 

10.  If  the  mother  votes  in  a  certain  district,  living 
there  with  the  children,  that  would  be  her  residence,  and 
the  children  should  be  enrolled  in  such  district. 

11.  In  the  case  of  families  living  in  one  school  district, 
but  sending  children  to  school  in  another  district,  the  chil- 
lis 


§  98  COUNTY  SUPERINTENDENT 

dren  must  be  listed  to  the  district  in  which  the  parents 
reside. 

12.  A  child  who  is  living  with  a  'bona  fide  resident  of  a 
district,  and  dependent  upon  such  resident  for  a  living,  is 
entitled  to  attend  schooi  in  such  district  free,  though  the 
parents  of  such  child  are  living  in  another  district. 

13.  If  parents  own  no  home  in  a  particular  district,  but 
rent  while  the  children  go  to  school,  and  return  to  a  ranch 
which  they  own  in  another  district  as  soon  as  school  is  out, 
the  district  in  which  the  ranch  is  located  should  enroll  the 
children  upon  the  census  list. 

Minors  residence,  where. 

14.  An  unmarried  person  under  twenty-one  can  claim 
residence  where  the  parents  reside,  whether  absent  from 
home  at  school  or  at  work. 

15.  An  emancipated  minor  has  a  right  to  declare  his 
residence,  and  is  entitled  to  all  the  school  privileges  of  the 
district  of  which  he  is  a  ~bona  fide  resident. 

16.  Deaf  mutes  and  blind  persons  between  the  ages  of 
six  and  twenty-one  should  be  included  in  the  school  census. 

Renter's  residence,  where. 

17.  If  renters  renting  by  the  year,  and  having  no  other 
home,  send  children  to  school,  the  district  in  which  they  are 
residing  in  a  rented  house  should  enroll  the  children. 

18.  If  renters  rent  by  the  month,  leaving  when  school 
is  out,  and  having  a  fixed   home   elsewhere,   the   children 
should  be  enrolled  in  the  district  where  the  fixed  home  is 
located;  but  if  they  have  no  home  elsewhere,  although  leav- 
ing when  school  is  out,  the  children  should  be  enrolled  in 
the  district  where  they  rent. 

Retain  residence,  how. 

19.  A  person  may  retain  his  residence  in  a  district  if, 
at  the  time  of  leaving  the  district,  it  was  his  intention  to 
return. 

98.    Apportionment  of  county  school  fund.    The 

county  superintendent  shall  apportion  the  general 
school  fund  of  the  county  among  the  several  school 
districts  in  accordance  with  the  provisions  of  sec- 
tions seventy-two  and  seventy-three  of  this  chapter, 
quarterly,  to-wit :  On  the  first  Monday  in  January, 
April,  July  and  October,  in  each  year,  and  he  may 

116 


COUNTY  SUPERINTENDENT  §  99 

apportion  the  same  at  other  times  if  there  be  suffi- 
cient money  in  the  treasury  to  require  it.  He  shall 
certify  each  apportionment  promptly  to  the  county 
treasurer,  and  shall  also  notify  the  secretary  of  each 
district  of  the  amount  placed  to  the  credit  of 
his  district. — R.  s.  5888 

Note.  Sections  72  and  73  above  referred  to  are  sections  99 
and  100  herein. 

Counties  own  general  fund  until  when, 
a.    The  co-unties,  and  not  the  school  districts,  are  owners 
of  the  general  school  fund  until,  at  least,  it  is  accredited  to 
the  several  districts. — Cooke  v.  School  Dist.,  12  C.  453 

Transfer  of  funds. 

1.  If  territory  is  added  to  a  district  after  the  annual 
census  has  been  taken,  the  names  of  persons  of  school  age 
residing  therein  should  be  added  to  the  census  list  and  the 
district  given  its  per  capita  for  such  additional  names. 

Basis  of  apportionment. 

2.  According  to   the   school  law  the   county   superin- 
tendent  apportions   the   general   fund   among  the   districts 
according  to  the  number  of  persons  of  school  age,  as  shown 
by  the  census  lists  and  reports  of  the  districts  for  the  school 
year  immediately  preceding,  and  what  the  per  capita  will 
be  depends  upon  the  amount  of  funds  in  the  treasury  and 
the  number  of  children  within  yonr  county. 

99.  Apportionment  of  school  fund — basis.  In 
apportioning  the  general  fund,  as  directed  in  section 
nineteen  of  this  chapter,  the  county  superintendent 
shall  base  the  July  apportionment,  in  each  year,  on 
the  census  lists  and  reports  of  the  secretaries  of  the 
several  districts  for  the  school  year  next  preceding, 
and  he  shall  base  all  apportionments  on  said  lists 
and  reports  for  a  period  of  one  year,  except  in 
the  case  of  the  apportionment  to  new  districts,  as 
provided  in  section  thirty-two  of  this  chapter. 
— R.  8.  5889 

Note.  Sections  19  and  32  above  referred  to  are  sections  98 
and  140  herein. 

117 


§  100  COUNTY  SUPERINTENDENT 

For  new  district. 

1.  In  regard  to  the  distribution  of  funds  upon  the  crea- 
tion of  a  new  district,  a  ruling  or  decision  of  the  county 
superintendent  should  be  taken  thereon,  and  if  interested 
parties  are  not  satisfied  an  appeal  can  be  taken,  as  provided 
in  the  school  law. 

100.  Apportionment  according  to  number  of 
school  age.  The  county  superintendent  shall  appor- 
tion the  funds  aforesaid  among  the  districts  entitled 
to  the  same,  according  to  the  number  of  persons  of 
school  age,  as  shown  by  the  census  lists  and  reports 
of  the  several  districts  for  the  school  year  imme- 
diately preceding,  as  provided  in  section  sev- 
enty-two.— R-  8.  5890 

Note.    Section  72  above  referred  to  is  section  99  herein. 
Apportionment  in  case  of  removal. 

1.  The  laws  do  not  permit  the  transfer  of  the  per  capita 
in  case  of  pupils  being  listed  in  one  district  and  immediately 
moving  to  an  adjoining  district. 


118 


COUNTY  TREASURER 


101.  Duties  of  county  treasurer.  It  is  hereby 
made  the  duty  of  the  county  treasurer  in  each 
county,  to  keep  a  separate  account  with  each  school 
district  in  his  county,  to  place  to  the  credit  of  each 
the  amount  of  money  as  certified  to  by  the  county 
superintendent,  as  provided  in  section  nineteen,  and 
to  pay  over  the  money  so  collected,  upon  the  presen- 
tation of  the  legally-drawn  warrants  or  orders  of 
the  district  officers  entitled  to  draw  the  same;  Pro- 
vided, That  if  the  county  superintendent  shall  notify 
the  county  treasurer,  in  writing,  that  there  has 
been  a  failure  on  the  part  of  any  board  of  directors 
to  comply  with  the  law,  and  that  said  money  should 
be  withheld  from  said  board  of  directors,  he  shall 
retain  the  same  until  further  notice  from  the  county 
superintendent;  on  or  before  the  5th  day  of  July 
in  each  year,  he  shall  render,  to  the  county  super- 
intendent of  schools,  a  statement  of  the  receipts  and 
disbursements  on  account  of  the  several  districts, 
of  all  the  school  funds  which  have  passed  through 
his  hands  during  the  school  year  next  preceding, 
and  at  the  same  time  he  shall  render  to  each  district 
secretary  a  statement  of  receipts  and  disbursements 
of  such  district.  All  money  which  shall  become  for- 
feited by  any  district  shall  be  put  into  the  general 
school  fund,  and  be  re-apportioned  as  other  moneys. 
— R.  8.  5900 

Note.     Fees  for  collecting  taxes,  section  109  herein. 

Note.    Report  fines  collected,  section  151  herein. 

Note.     Section  19  above  referred  to  is  section  98  herein. 

119 


§  101  COUNTY  TREASURER 

Counties  own  general  fund  until  when. 
a.     The    counties,    and    not   the    school    districts,   are 
owners  of  the  general  school  fund  until  at  least  it  is  ac- 
credited to  the  several  districts— Cooke  v.  School  District, 
12  C.  453 

Legal  custodian  of  school  funds. 

1.  The  county  treasurer  is  the  only  legal  custodian  of 
the  school  funds.  The  district  treasurer  has  no  legal  right  to 
hold  in  his  possession  any  of  the  general,  special  or  bond 
fund,  nor  have  the  directors  of  a  school  district  any  legal 
right  to  issue  orders  on  the   county  treasurer,   except  in 
favor  of  those  parties  to  whom  the  district  is  legally  in- 
debted.   In  the  payment  of  school  bonds,  the  district  treas- 
urer  has  control  of  the  funds  only  during  the  times  of 
advertising  and  subsequent  payment. 

2.  Funds  of  first  class  districts  must  remain  in  the 
hands  of  the  county  treasurer  and  be  drawn  upon  through 
warrants  made  out  by  the  district  board,  as  in  districts  of 
the  third  class.    The  law  makes  no  provisions  for  the  hand- 
ling of  the  funds. 

Keep  account  school  funds. 

3.  The  law  does  not  require  the  county  treasurer  to 
keep  several  accounts  of  the  special  fund  of  a  district. 

4.  A  county  treasurer  can  legally  pay  only  such  war- 
rants as  are  issued  against  the  school  fund  of  the  current 
year. 

5.  All  moneys  remaining  to  the  credit  of  any  district 
on  June  30  should  remain  to  the  credit  of  such  district  and 
can   not   be   turned   into   the   general   school   fund   of   the 
county  for  reapportionment. 

Penalties — fines. 

6.  As  a  rule  the  money  for  schools  derived  from  fines, 
penalties,  etc.,  should  be  turned  into  the  general  school  fund 
of  the  county  unless  otherwise  expressly  provided  by  stat- 
ute, rather  than  into  that  of  a  particular  district;  although 
fines  assessed  by  justices  of  the  peace  may,  in  some  cases, 
go  to  the  credit  of  the  school  district  in  which  the  action 
occurred. 

7.  The  county  treasurer  is  responsible  if  moneys  are 
turned  into  the  wrong  fund  by  him.    It  is  his  duty  to  place 
money  collected  from  fines,   forfeitures,  etc?,   to  the  fund 
designated  by  law. 

120 


COUNTY  TREASURER  §§102-103 

102.  County  treasurer  certify  moneys  to  county 
superintendent — pay    over — failure — penalty.     The 

county  treasurer  shall,  on  or  before  the  first  day  of 
January,  April,  July  and  October,  of  each  year,  cer- 
tify the  amount  of  said  tax  which  shall  have  been 
collected,  and  the  amount  of  any  other  county 
school  money,  then  in  the  county  treasury,  to  the 
county  superintendent,  and  shall  render  him  a  state- 
ment of  the  amount  uncollected.  The  amount  un- 
paid shall  be  collected  at  any  subsequent  time,  as 
delinquent  taxes,  are  collected,  and  shall  be  cer- 
tified to  the  county  superintendent,  as  aforesaid. 
Should  the  treasurer  fail  at  any  time  to  pay  over 
the  tax,  as  herein  provided,  he  shall  forfeit  the  sum 
of  one  hundred  dollars,  and  double  damages,  to  be 
collected  on  his  official  bond;  suit  to  be  brought  by 
the  county  superintendent,  for  the  benefit  of  his 
county  [school  fund]. — R.  8.  5899 

Note.    County  treasurer  pay  school  warrants  or  orders,  sec- 
tions 100,  101,  103. 

103.  Treasurer  keeps  separate   accounts — war- 
rants.   It  shall  be  the  duty  of  the  county  treasurer 
to    open    and    keep    separate    accounts    with    each 
school  district  in  his  county,  and  hold  the  funds  of 
each  district,  subject  to  the  legal  warrants  of  the 
president,  as  provided  by  section  53  of  this  chap- 
ter.    If  the  legal  warrant  of  any  school  district  in 
his   county  be  presented  to  the    county    treasurer 
when  there  are  no  funds  in  his  hands  to  the  credit 
of  the  district  fund  against  which  the  warrant  is 
drawn,  he  shall  endorse  such  warrant  "No  funds," 
and  said  warrant  shall  draw  interest  from  the  date 
of  such   endorsement   at  the  same  rate   as   county 
warrants  in  like  condition.    The  treasurer  shall  keep 

121 


§  103  COUNTY  TREASURER 

a  list  of  all  warrants  so  endorsed,  and  shall  pay 
them  whenever  there  is  sufficient  money  to  the  credit 
of  the  proper  fund  in  the  order  of  such  endorsement. 
The  interest  on  such  warrants  shall  stop  when  the 
treasurer  shall  give  notice  that  he  has  funds  to  pay 
the  same;  Provided,  It  shall  not  be  lawful  for  the 
officers  of  any  district  to  issue  warrants  at  any  time 
in  an  amount  in  excess  of  the  tax  levy  for  the  cur- 
rent year.—  R.  s.  5901 

Note.     Duties    of    county    treasurer,    in    matters    of    school 
funds,  section  101. 

Note.     See  following  section  as  to  time^of  payment. 
Note.    Section  53  above  referred  to  is  section  114  herein. 

Legal  notice. 

1.  A  legal  notice,  under  this  section,  is  a  publication 
for  twenty  days  in  some  newspaper,  published  at  the  county 
seat  of  such  county. 

Warrants. 

2.  The  total  amount  of  school  warrants  issued  must 
not  exceed  the  amount  of  tax  levy  for  the  current  year.    The 
"current  year"  is  identical  with  the  fiscal  year,  beginning 
December   1st   and   ending   November   30th.     Warrants   in 
excess  of  revenue  for  current  year  are  void. 

3.  "It  shall  not  be  lawful  for  the  officers  of  the  district 
to  issue  warrants  at  any  time  in  any  amount  in  excess  of 
the  tax  levy  for  the  current  year." 

4.  The  words  "tax  levy"  must  be  construed  to  mean 
"the  revenue  of  the  district,"  including  the  county  fund,  the 
state  fund  and  the  fees  derived  from  fines  and  penalties. 

5.  If  a  school  district,  on  account  of  some  unforeseen 
casualty  or  expense,  or  for  som«  unexpected  failure  of  rev- 
enue, should  incur  an  expense  in  excess  of  the  revenue,  it 
would  be  its  duty  to  levy  a  sufficient  amount  of  tax  the 
following  year  to  pay  such  indebtedness,  in  addition  to  its 
expenses  for  said  year. 

6.  "No  warrants  can  be  issued  in  excess  of  the  revenue, 
but  a  certificate  of  indebtedness  should  be  issued,  payable 
out  of  the  revenues  of  the  succeeding  year,  and  it  would 
be  the  duty  of  the  board  during  the  succeeding  year  to 
draw  a  warrant  for  its  payment." 

122 


COUNTY  TREASURER  §§  104-105 

7.  When  school  district  warrants  are  sold  at  a  bank 
or  elsewhere  and  a  discount  is  charged,  the  holder  of  the 
warrant  must  hear  the  loss.     It  is  not  legal  for  the  school 
board  to  make  up  the  discount. 

8.  In  regard  to  the  method  of  raising  money  to  build 
a  school  building,  the  law  prohibits  the  issuing  of  warrants 
in  excess  of  the  revenues  of  the  district  for  the  current 
year;  therefore  an  arrangement  for  issuing  warrants  pay- 
able in  one,  two  and  three  years,  the  qualified  voters  to  vote 
a  levy  to  be  collected  In  one,  two  and  three  years  to  pay 
the   warrants,   would   not  be   legal.     The   voters   have  no 
authority  to  vote  a  levy  except  for  the  current  year. 

9.  A  teacher  having  agreed  upon  a  stipulated  salary, 
can  receive  the  same  only  by  warrants  drawn  by  the  district 
secretary  and  must  take  them  for  what  they  are  worth. 
It  would  not  be  proper  for  the  board  to  make  up  any  dis- 
count thereon  by  an  additional  warrant.    The  board  might 
however  increase  the  salary  at  a  regular  meeting  so  as  to 
cover  such  deficiency. 

10.  A   county   treasurer   can    legally   pay   only   such 
warrants   as   are   issued   against   the   school    fund    of    the 
current  year. 

104.  County  treasurer  cancel  all  paid  school  or- 
ders.    That  it  shall  be  the  duty  of  county  treasur- 
urers  to  cancel  all  paid  school  orders,  with  a  proper 
cancelling  stamp,  showing  the    date    of    payment. 
—R.  S.  5902 

School  orders  cancelled  when  paid. 

1.  Sections  108  and  118  herein  provide  that  school 
orders,  when  paid  by  the  county  treasurer,  shall  be  stamped 
as  cancelled  and  returned  to  the  school  district  treasurer, 
who  shall  send  with  the  same  the  proper  blank  upon  which 
due  receipt  may  be  made. 

105.  County  treasurer  render  quarterly  state- 
ment to  school  board.    That  it  shall  be  the  duty  of 
county  treasurers  to  render  to  the  secretary  of  each 
board    of  school   directors,   quarterly,    an   itemized 
statement  of  account  of    their    respective    district, 
showing : 

123 


§§  106-107-108  COUNTY  TREASURER 

(a)  The  numbers  and  amounts    of    all    orders 
paid  and  charged  against  the  accounts  of  the  re- 
spective districts; 

(b)  The  amounts  of  money  received  and  cred- 
ited to  the  accounts  of  the  respective  districts ; 

(c)  The  balance  due  said  district  at  the  end  of 
each  quarter.—  R.  s.  5903 

106.  Pay  school  orders  as  registered,    It  shall 
be  the  duty  of  the  county  treasurer  of  each  county 
in  this  state,  when  there  are  sufficient  funds  to  the 
credit  of  any  school  district,  or  to  the  credit  of  any 
school  fund  of  any  such  district,  to  pay  in  full  the 
principal  and  interest  of  any  orders  which  may  be 
on  such  fund,  in  the  order  of  their  registration,  and 
if  at  any  time  there  shall,  be  $200  in  the  hands  of 
such  treasurer,  to  the  credit  of  any  such  fund,  it 
shall  be,  his  duty  to  cause  to  be  published  in  some 
newspaper  published  at  the  county    seat    of    such 
county,  for  twenty  days,  a  notice  that -certain  school 
orders  (describing  same  by  numbers  and  amounts) 
will  be  paid  upon  presentation,  #nd  at  the  expira- 
tion of  said  twenty  days'  advertisement  such  orders 
shall  cease  to  bear  interest. — R.  8. 1326 

107.  County  treasurer  furnish  blanks  to  district 
board.  That  the  said  county  treasurers  shall  enclose 
with  each  quarterly  statement,  a  proper  blank  upon 
which  the  secretary  of  each  respective  board  of  di- 
rectors may  report  to  their  county  treasurer  that 
said  canceled  orders  and  statements  have  been  re- 
ceived and  found  correct. — R.  s.  5904 

108.  Failure  to  publish  call — penalty.     When- 
ever the  treasurer  of  the  state  of  any  county,  city, 
town  or  school  district  shall  have. in  his  hands  any 

124 


COUNTY  TREASURER  §  109 

moneys  applicable  to  the  payment  of  any  state,  city, 
town,  county  or  school  district  warrant,  and  shall 
fail  or  neglect  for  thirty  days  to  publish  a  call  as 
provided  by  law  for  the  presentation  and  payment 
of  warrants,  he  shall  be  deemed  guilty  of  a  misde- 
meanor and,  upon  conviction,  shall  be  liable  to  a  fine 
not  less  than  ten  nor  more  than  three  hundred 
dollars.—  R.  S.  1826 

109.  Treasurer's  fees — school  taxes.  The  county 
treasurer  shall  chaise  and  receive  the  following  fees 
and  commissions :  ****** 

Upon  all  school  taxes  in  counties  of  the  first 
class,  one  per  cent. ;  in  counties  of  the  second  class, 
one  per  cent.;  in  counties  of  every  other  class,  one 
per  cent,  on  school  taxes,  and  two  per  cent,  on 
town  and  city  taxes.  *  *  *  —R.  S.  2537 


125 


DIRECTORS 


110.  Directors — classification  of  districts — elec- 
tion. There  shall  be  elected  in  each  school  district 
in  the  manner  prescribed  by  statute  a  board  of  di- 
rectors. The  number  of  members  that  shall  consti- 
tute such  board  of  directors  shall  be  determined 
as  follows :  The  school  districts  shall  be  classified 
into  first,  second  and  third  classes.  Districts  con- 
taining a  school  population  of  one  thousand  or  more 
shall  be  denominated  districts  of  the  first  class ;  dis- 
tricts containing  a  school  population  of  less  than  one 
thousand  and  more  than  three  hundred  and  fifty 
shall  be  denominated  districts  of  the  second  class ; 
and  districts  containing  a  school  population  of  three 
hundred  and  fifty  or  less  shall  be  denominated  dis- 
tricts of  the  third  class. 

At  the  regular  election  in  1913,  as  provided  by 
statute,  and  every  six  years  thereafter,  there  shall 
be  elected  by  ballot  in  all  districts  of  the  first  class, 
two  directors ;  and  at  the  regular  election  in  1915, 
and  every  six  years  thereafter,  two  directors ;  at  the 
regular  election  in  1917  and  every  six  years  there- 
after, one  director.  The  term  of  office  of  all  direct- 
ors in  said  school  districts  of  the  first  class  shall  be 
six  years  and  until  their  respective  successors  shall 
have  been  elected  and  qualified. 

Boards  of  directors  and  boards  of  education  of 
districts  of  the  first  class  shall,  at  the  first  meeting 
after  such  election,  elect  a  president,  a  secretary 
and  a  treasurer,  each  of  whom  shall  hold  office  for 
the  term  of  two  years,  and  until  their  respective 


DIRECTORS  §  110 

successors  ;iiv  elected  and  qualified;  Provided,  That 
in  districts  of  the  first  class  the  president  shall  be 
a  member  of  the  board.  The  secretary  and  treas- 
urer may  or  may  not  be  members  of  the  board. 

In  districts  of  the  second  and  third  classes  the 
board  shall  consist  of  three  directors,  a  presi- 
dent, a  secretary,  and  a  treasurer,  one  of  whom  shall 
be  elected  annually  for  a  term  of  three  years  on 
the  first  Monday  in  May,  and  notice  for  such  elec- 
tion when  posted  shall  specify  the  name  of  the  of- 
fice to  be  filled  and  the  length  of  term;  Provided, 
That,  at  all  school  elections  held  after  the  passage 
of  this  act,  the  length  of  term  shall  be  so  specified 
that  the  term  of  the  president  shall  expire  in  1914 
and  every  three  years  thereafter;  that  of  the 
treasurer  shall  expire  in  1915  and  every  three  years 
thereafter;  and  that  of  the  secretary  shall  expire 
in  1916  and  every  three  years"  thereafter. 

In  districts  of  the  first  class  and  second  class 
the  boards,  after  organization,  shall  exercise  all  the 
power  given  to  the  electors  of  school  districts  of 
the  third  class  as  specified  in  section  5955  of  the 
Revised  Statutes  of  the  State  of  Colorado  of  1908. 

—S.  L.  '11,  p.  587 

Note.     Section  5955  above  referred  to  is  section  148  herein. 

Note.  "No  person  except  a  qualified  elector  shall  be  elected 
to  any  civil  or  military  office  in  the  state." — Colo.  Const.,  Art. 
VII,  §6. 

First  class  districts — directors — when  elected. 

Note.  Section  142  herein  provides  that  the  regular  election 
for  electing  members  of  school  boards  in  first  class  districts  shall 
be  held  biennially  on  the  first  Monday  in  May,  1911,  and  section 
110  provides  that  at  the  regular  election  in  1913,  and  every  six 
years  thereafter,  there  shall  be  elected  two  directors;  in  1915, 
and  every  six  years  thereafter,  two  directors;  in  1917,  and  every 
six  years  thereafter,  one  director;  and  that  the  terms  of  office 
of  all  directors  of  first  class  districts  shall  be  six  years.  This 


I  lio  DIRECTORS 

means  that  the  vacancy  occurring  by  the  expiration  of  the 
present  five-year-term  director,  expiring  in  1912,  must  be  filled 
by  the  board  until  the  regular  election  of  1913,  at  which  time 
another  five-year  term  will  have  expired.  Two  directors  can 
then  be  elected  for  six  -years,  in  accordance  with  present  law. 
In  1914  another  five-year  term  expires,  to  be  filled  by  the  board 
until  the  regular  election  of  1915,  when  another  expires,  and  two 
members  can  be  elected  for  six  years.  In  1916  the  last  five-year 
term  expires,  and  the  vacancy  must  be  filled  until  the  regular 
election  of  1917,  when  the  fifth  member  of  the  board  is  elected 
for  six  years. 

Directors — second  and  third  class  districts — election. 
Note.  Prior  to  the  enactment  of  section  110  herein  second 
and  third  class  districts  were  grouped  under  three  general  heads, 
on  account  of  the  fact  that  like  officers  were  elected  in  different 
years.  This  classification  will  no  longer  exist  after  1913,  as  the 
present  law  provides  that  the  term  of  the  president  in  all  second 
and  third  class  districts  shall  expire  in  1914;  that  of  the  treas- 
urer in  1915,  and  that  of  secretary  in  1916.  Until  the  election  of 
1914,  however,  the  various  officers  should  be  elected  in  the  dif- 
ferent groups  at  the  general  school  election  in  the  years  and  for 
the  periods  of  time,  as  follows: 

In  the  first  group,  organized  prior  to  March  20,  1877,  in  1912, 
a  president  for  two  years;  if  a  vacancy  in  office  of  treasurer,  a 
treasurer  for  three  years;  if  a  vacancy  in  office  of  secretary,  a 
secretary  for  one  year.  In  1913,  a  treasurer  for  two  years;  if  a 
vacancy  in  office  of  president,  a  president  for  one  year;  if  a 
vacancy  in  office  of  secretary,  a  secretary  for  three  years. 

In  the  second  group,  organized  between  March  20,  1877,  and 
April  4,  1887,  in  1912,  a  secretary  for  one  year;  if  a  vacancy 
exists  in  office  of  president,  a  president  for  two  years;  if  a 
vacancy  in  office  of  treasurer,  a  treasurer  for  three  years:  In 
1913,  a  president  for  one  year;  if  a  vacancy  in  office  of  treasurer, 
a  treasurer  for  two  years;  if  a  vacancy  in  office  of  secretary,  a 
secretary  for  three  years. 

In  the  third  group,  organized  since  April  4,  1887,  in  1912,  a 
treasurer  for  three  years;  if  a  vacancy  in  office  of  secretary,  a 
secretary  for  one  year;  if  a  vacancy  in  office  of  president,  a  pres- 
ident for  two  years:  In  1913,  a  secretary  for  three  years;  if  a 
vacancy  exists  in  office  of  president,  a  president  for  one  year; 
if  a  vacancy  in  office  of  treasurer,  a  treasurer  for  two  years. 

In  new  districts  a  board  elected  at  other  than  a  general 
election  holds  .over  until  the  regular  election,  at  which  time  a 
president  shall  be  elected  whose  term  expires  in  1914,  a  treas- 
urer whose  term  expires  in  1915.  If  such  regular  election  is  in 
1912,  a  secretary  for  one  year  only;  but  if  such  election  is  in 

128 


DIRECTORS  §  no 

1913  or  later,  a  secretary  should  be  elected  whose  term  expires 
in  1916,  or  every  three  years  thereafter. 

Mandamus  against  school  district. 

a.  In  an  action  of  mandamus  against  a  school  district 
and  the  individual  directors  to  compel  them  to  admit  pe- 
titioner to  the  office  of  director,  to  which  he  claims  to  have 
been  elected,  the  school  district  has  no  interest  in  the  con- 
troversy and  is  not  injured  by  the  judgment  in  petitioner's 
favor. — School  District  v.  Flanigan,  28  C.  431. 
Director — who  may  become. 

1.  The  length  of   residence   required  in   Colorado  to 
constitute  eligibility  to  the  office  of  school  director  is  twelve 
months. 

2.  The  fact  that  an  elector  is  not  a  taxpayer  does  not 
disqualify  him  from  holding  office,  either  by  election  or  by 
appointment. 

3.  The  fact  that  two  members  of  a  school  board  are 
of  one  family,  and  the  further  fact  that  another  member 
became  a  resident  of  the  district  for  the  sole  purpose  of 
becoming  an  officer,  so  long  as  he  is  an  actual  resident, 
would  not  affect  the  regularity  of  the  organization  of  the 
board. 

4.  There  is  nothing  in  the  laws  of  Colorado  to  prevent 
a  person  who  fills  the  office  of  district  judge   from   also 
filling  that  of  school  director,  the  two  offices  belonging  to 
an  entirely  different  class. 

5.  The  mayor  of  a  town  may  also  legally  hold  the 
office  of  school  director,  inasmuch  as  the  duties  of  mayor 
and  school  director  do  not  conflict. 

C.    The  county  superintendent  cannot  serve  as  a  mem- 
ber of  a  school  board;   for  the  general  rule  of  law  is  that 
one  person  cannot  hold  two  offices  that  are  incompatible. 
No  vice-president  authorized. 

7.  There  is  no  provision  of  law  authorizing  the  elec 
tion  of  a  vice-president  in  any  class  district. 

Witness  fees  not  allowed. 

8.  School  directors  are  not  legally  entitled  to  witness 
fees  in  a  case  where  the  district  is  a  party. 

Secretary  and  treasurer — offices  distinct. 

9.  The  law  makes  distinct  specifications  in  regard  to 
the  separate  offices  of  secretary  and  treasurer  in   a  first 
class  district,  making  those  offices  as  distinct  as  in  third 
class  district,  where  different  persons  must  be  elected   as 
to  the  two  offices.     The  business  of  the  district  could  not 

129 


§  HI  DIRECTORS 

be  legally  transacted  with  one  person  acting  in   the  two 
capacities. 

Ill,  Directors  qualify  within  twenty  days— va- 
cancies—treasurer's  bond  and  report— oath  of  office. 
The  directors  shall  each,  within  twenty  days  after 
his  or  her  election,  appear  before  some  officer 
authorized  to  administer  oaths,  and  take  oath  that 
he  or  she  will  faithfully  perform  the  duties  of  his 
or  her  office  required  by  law,  which  oath  shall  be 
filed  with  the  county  superintendent;  and,  in  case 
of  failure  so, to  qualify,  his  or  her  office  shall  be 
deemed  vacant,  and  the  county  superintendent  shall 
appoint  a  suitable  person,  who  shall  qualify  imme- 
diately. If  the  amount  of  money  liable  to  come 
into  the  hands  of  the  treasurer,  in  the  discharge  of 
his  official  duties,  exceed  twenty  dollars  at  any 
one  time,  he  shall  be  required  to  give  bond  in  double 
the  amount  of  money  liable  to  come  into  his  hands, 
said  bond  to  be  approved  by,  and  filed  with,  the 
county  superintendent.  The  directors-elect  shall 
take  office  immediately  after  qualifying,  as  afore- 
said; Provided,  That  any  district  treasurer,  who 
shall  refuse  to  give  bond  as  above,  when  required 
to  do  so  by  the  other  members  of  the  board,  shall 
be  disqualified  from  receiving  any  money  on  district 
account  until  a  satisfactory  bond  is  executed.  The 
oath  of  office  required  in  this  section  may  be  ad- 
ministered by  a  president  of  a  school  board;  and 
it  is  hereby  made  the  duty  of  the  district  treasurer 
of  all  first  class  districts  to  publish,  semi-annually, 
in  some  newspaper  published  within  the  county 
wherein  such  district  may  be  located,  a  complete 
and  full  report  of  all  receipts  and  expenditures  of 
the  said  district's  funds.—  R.  8.  5922 

130 


DIRECTORS  §  111 

Oath  of  directors. 

1.  All  school  directors  are  required  by  law  to  file  an 
oath  of  office  with  the  county  superintendent.     This  applies 
to  all   districts  in  Colorado,   including  those  organized  in 
cities  existing  under  a  special  charter. 

2.  The  term  of  office  of  a  school   director  does  not 
extend  until  his  successor  is  duly  elected  and  qualified,  but 
expires  with  the  annual  school  election  day  at  the  close  of 
the  term  for  which  he  was  elected  or  appointed. 

3.  Failure  of  a  school  director  to  file  oath  within  the 
time  required  by  law  does  not  create  a  vacancy  in  the  office ; 
Provided,  he  has  taken  the  required  oath  before  the  proper 
officer  within  the  required  time. 

4.  The  secretary  of  a  school  district  of  the  second  or 
third  class  cannot  administer  the  oath  of  office  to  the  presi- 
dent.    The  oath  may  be  administered  by  the  president  of 
any  school  board,  or  by  the  county  superintendent  and,  of 
course,  by  any  person  such  as  notary  public,  justice  of  the 
peace,  etc.,  qualified  by  law  to  administer  oaths. 

5.  It  is  lawful  for  a  president  of  one  school  district  to 
administer  the  oath  of  office  to  the  board  of  another  school 
district. 

Directors  qualify  in  twenty  days. 

6.  The  law  provides  that  the  directors  shall  qualify 
within  twenty   days   after  their    election,    and    as    there 
is  no  provision  that  directors  who  are  elected  to  succeed 
themselves  shall  not  file  a  new  oath  of  office,  such  oath 
should  be  filed. 

7.  A  person  elected  to  the  office  of  director  of  a  school 
district  cannot  legally  qualify  after  the  expiration  of  twenty 
days  from  election.     By  operation  of  the  law,  in  case  of 
failure  of  the  director-elect  to  qualify  within  twenty  days, 
the  office  becomes  vacant,  and  the  county  superintendent 
should  fill  the  vacancy. 

Vacancies — how  filled. 

8.  Vacancies  in  the  board  of  directors  in  districts  of 
the   second  or  third  class,  through   failure  to   qualify,   or 
through  absence  from  the  district,   death,  resignation,   re- 
moval or  otherwise,  are  to  be  filled  by  appointment  of  the 
county  superintendent,  until  the  ensuing  regular  election,  at 
which  time  the  vacancies  shall  be  filled  for  the  unexpired 
terms,  not  for  regular  full  terms. 

9.  To  fill  a  vacancy  on  the  school  board  in  a  joint  dis- 
trict,  the  county  superintendents   of  such   district  should 

131 


§§112-113  DIRECTORS 

confer,  since  their  duties  are  joint  and  equal  in  such  dis- 
trict, and  appoint  as  a  member  of  the  board  some  one  living 
in  the  district  who  would  prove  satisfactory  to  both 
counties. 

Bond  of  directors. 

10.  A  county  superintendent  is  the  proper  person  to 
approve  of  the  official  bond  of  a  school  director,  and  if  a 
person  elected  to  that  office  cannot  give  a  satisfactory  bond, 
it  works  a  vacancy  in  the  board  after  twenty  days  from  his 
election. 

11.  A  county  superintendent  has  authority  to  require  a 
district  treasurer  to  give  bond  in  double  the  amount  of 
money  liable  to  come  into  his  hands,  if  such  amount  ex- 
ceeds twenty  dollars. 

Directors  must  reside  in  district. 

12.  The  law  requires  that  a  person  who  desires  to  be 
a  candidate  for  a  school  director  must  reside  in  the  district, 
and  it  necessarily  follows  that  in   order  to   remain  such 
director,  after  election  he  must  continue  to  reside  therein, 
and  when   he  permanently  removes  from  the  district  he 
ceases  at  that  instant  to  be  a  director. 

112.  Regular  meetings   of  board — special — ad- 
journed.    The  regular  meeting  of  each  board  shall 
be  held  on  the  last  Saturday  of  March,  June,  Sep- 
tember and  December.     The  board  may,  however, 
hold  such  other  regular,  special  or  adjourned  meet- 
ings as  they  may  from  time  to  time  determine,  or 
as  may  be  specified  in  their  by-laws.— #.  8.  5923 

Meeting  place — notice  of  meeting. 

1.  If  the  'School  board  chose  to  revoke  its  rules  con- 
cerning the  place  where  a  school  meeting  must  be  held,  it 
would  have  a  right  to  do  so. 

2.  A  meeting  of  a  school  board  cannot  be  properly  held 
unless  reasonable  notice  has  been  given  to  all  members. 

SPECIAL   DISTRICT   MEETINGS. 

113.  Special  meetings  in  districts  of  third  class. 
In  any  district  of  the  third  class,  the  board  of  di- 
rectors may  at  any  time  call  a  special  meeting  of 

132 


DIRECTORS  §113 

the  electors  of  such  district,  for  any  of  the  purposes 
specified  in  section  sixty-two  of  this  act,  and  it  shall 
be  their  duty  to  call  such  meeting  if  petitioned  so 
to  do  by  ten  legal  voters  of  the  district.  Notices, 
specifying  the  time,  place  and  object  of  such  meet- 
ing, shall  be  posted  in  three  public  places,  one  of 
which  shall  be  at  the  place  of  meeting,  at  least 
twenty  days  prior  to  the  time  of  holding  such 
meeting.— #.  s.  5954 

Note.    Classes  of  districts — election  of  directors,  section  110. 

Note.    Section  62  above  referred  to  is  section  148  herein. 

Purpose  of  meeting. 

1.  The  above  section   provides   relief   for  electors  in 
case  the  board  fails  to  make  .necessary  provision  for  the 
school. 

2.  The  question  of  whether  two  or  more  contiguous 
school  districts  shall  unite  may  be  voted  on  at  the  annual 
school  meeting  in  May,  provided  the  necessary  notice  for  a 
special  be  given — that  is,  notices  stating  the  purpose  of  the 
meeting  must  be  posted  at  least  twenty  days  before  such 
annual  meeting:    and  the  notices  for  the  annual  meeting 
will  be  sufficient  if,  in  addition  to  the  notice  of  the  election, 
a  statement  that  the  question  of  uniting  with  such  con- 
tiguous district  or  districts  will  be  voted  upon. 

3.  It  is  illegal  to  transact  any  business  at  a  special 
meeting,  except  that  for  which  such  meeting  was  called. 

4.  The  location  of  a  school  house  is  for  no  definite 
time.    A  vote  may  be  taken  on  the  question  of  moving  the 
school  house  as  often  as  a  meeting  for  the  purpose  can  be 
legally  called. 

5.  It  is  illegal  for  two  members  of  the  board  to  trans- 
act business  that  has  not  been  decided  upon  at  a  regular 
or  special  meeting  of  the  board.     If  the  specifications  in 
regard  to  the  digging  of  the  well  were  definitely  stated  at 
a  regular  or  special  meeting,  it  would  be  necessary  to  call 
another  meeting  of  the  board  to  change  those  specifications. 

6.  If  a  special  school  meeting  has  been  legally  called 
in  a  school   district  for  the  purpose  of  voting  upon   any 
question  or  questions  mentioned  in  said  notice,  a  majority 
vote  of  those  present  decides  the  matter  submitted. 

133 


§114  DIRECTORS 

Notice  of  special  meetings. 

7.  The  law  provides  that  notices  specifying  the  time, 
place  and  object  of  special  meeting  shall  be  posted  in  three 
public  places,  one  of  which  shall  be  at  the  place  of  meeting, 
at  least  twenty   days  prior  to  the   time  of  holding  such 
meeting.     This  does  not  apply  however  to  special  elections 
for  election  of  directors,  the  latter  being  governed  by  section 
110  herein. 

8.  A  notice  calling  a  special  meeting  is  legal,  even 
though   the   date   of  the   notice   has  been   omitted,   if   the 
notice  has  been  posted  the  required  number  of  days. 

9.  More  than  one  question  can  be  voted  upon  at  a 
special  meeting  of  the  electors  of  a  third  class  school  dis- 
trict;  Provided,  Each  question  is  separately  stated  in  the 
notice  of  such  meeting. 

Who  may  call. 

10.  At  a  regular  meeting  of  a  school  board,  two  mem- 
bers of  said  board,  constituting  a  quorum,  can  legally  call 
a  special  meeting. 

Valid  though  not  reported  to  county  superintendent. 

11.  In  the  case  of  a  special  meeting  legally  held  the 
business  there  transacted  would  not  be  invalidated  through 
the  failure  of  the  secretary  to  send  a  formal  report  to  the 
county    superintendent  ,of    the    business    thus    transacted, 
although  it  is  the  duty  of  the  secretary  to  send  such  a 
report. 

Taxes — when  illegal. 

12.  In  the  call  or  notice  of  special  or  annual  school 
meeting  it  is  illegal  to  specify  the  amount  of  a  proposed 
levy  and  to  require  electors  to  vote  for  or  against  the  levy 
thus  proposed,  wUhout  discussion  or  amendment. 

114.  President  sign  orders — appear  in  suits- 
absence — vacancies,  The  president,  when  present, 
shall  preside  at  all  meetings  of  the  board  and  of  the 
district;  shall  sign  all  orders  on  the  county  treas- 
urer for  the  payment  of  money;  Provided,  That  no 
orders  shall  be  drawn  upon  the  county  treasurer 
except  in  favor  of  parties  to  whom  the  district  has 
become  lawfully  indebted.  He  shall  appear  in  be- 
half of  his  district  in  all  suits  brought  by  or  against 

134 


DIRECTORS  §  114 

the  same,  but  when  he  is  individually  interested, 
this  duty  shall  be  performed  by  the  secretary,  and 
in  the  absence  of  the  president  the  secretary  shall 
preside  at  board  and  district  meetings.  Absence 
from  the  district  of  any  school  officer,  when  pro- 
longed beyond  thirty  consecutive  days,  may  be  held 
to  work  a  vacancy  in  said  office,  which  may  be  filled 
according  to  law.—  R.  s.  5934 

Secretary  execute  appeal  bond. 

a.  The  provision  that  the  president  of  a  school  board 
shall  appear  in  behalf  of  the  district  in  all  suits,  does  not 
prevent  a  secretary  from  executing  an  appeal  bond,  as  a 
district  may  designate  other  agents  than  the  president. — 
School  Dist.  v.  Erskin,  1  C.  367 

Auditing  of  bills  against  district. 

1.  The  auditing  of  bills  against  a  school  district  must 
be  performed  by  the  board  of  directors  at  a  meeting  thereof, 
and  vouchers  or  warrants  issued  for  the  payment  of  such 
bills  are  legal  only  when  issued  by  a  vote  of  a  majority  of 
the  board  at  such  meeting  and  signed  by  the  president. 

District  warrants. 

2.  When  school  district  warrants  are  sold  at  a  bank 
or  elsewhere  and  a  discount  is  charged,  the  holder  of  the 
warrant  must  bear  the  loss. 

3.  A  teacher,  Having  accepted  a  stipulated  salary,  can 
receive  that  salary  only  by  warrants  drawn  by  the  district 
secretary,  and  takes  them  at  their  face  value.    It  would  not 
be  proper  for  the  board  to  simply  supplement,  by  an  addi- 
tional   warrant,    the    shrinkage    of    irregular    warrants    on 
account  of  the  discount  in  the  market.    The  deficit  may  be 
made  good  by  the  board,  at  a  regular  meeting,  voting  to 
advance  the  salary  so  as  to  cover  the  shrinkage  in  value 
of  the  depreciated  warrants. 

4.  A  warrant  sent  to,  and  receiving  the  signature  of, 
a  director  while  absent  from  the  state  is  legal. 

Suits  against  district. 

5.  If  a  suit  is  brought  against  a  district,  it  is  the  duty 
of  the  directors  to  defend  it  and  to  employ  an  attorney  if 
necessary,  who  may  be  paid  from  the  district's  funds;  but 
if  the  suit  is  against  the  board  of  directors,  or  any  of  them, 

135 


§  115  DIRECTORS 

for  failure  to  comply  with  the  law,  any  cost  for  defense 
must  not  be  charged  against  the  district. 

Vacancies. 

6.  Vacancies  in  the  board  of  directors  in  districts  of 
the   second   or  third  class,  through   failure  to  qualify,   or 
through  absence  from  the  district,   death,   resignation,   re- 
moval or  otherwise,  are  to  be  filled  by  appointment  of  the 
county  superintendent  until  the  ensuing  regular  election, 
at  which  time  the  vacancies  shall  be  filled  for  the  unexpired 
terms,  not  for  regular  full  terms. 

7.  Absence  from  the  district  of  any  schopj  officer  when 
prolonged  beyond  thirty  consecutive  days  may  be  held  to 
work  a  vacancy  in  said  office  and  gives  the  county  super- 
intendent a  right  to  appoint  some  one  else  in  his  place. 
The  fact  that  his  absence  was  unavoidable  and  that  his 
family  remain  in  the  district  does  not  change  the  condition. 

8.  If  a  director  is  absent  from  a  district  for  thirty 
days,  no  matter  whether  he  still  retains  his  residence  in  the 
district  and  expects  to  return  to  the  district,  the  county 
superintendent  should  appoint  a  person   to  fill  his  place, 
if  he  considers  that  the  educational  interests  of  the  district 
suffer  through  the  absence  of  the  original  director. 

9.  When  a  school  director  of  a  third  class  district  re- 
moves his  family  from  the  district,  going  with  them  him- 
self, but  retaining  his  postoffice  address  in  the  district  and 
coming  into  said  district  once  in  thirty  days  only,  he  ceases 
to  be  a  bona  fide  resident  of  such  district  and  his  office 
•becomes  vacant. 

10.  If  the  director  has  permanently  removed  from  the 
district,  and  the  county  superintendent  refuses  to  declare  a 
vacancy,  or  appoint  a  successor,  such  action  by  the  board 
or   county  superintendent  could  be   appealed   to  the   state 
board  of  education  as  in  other  cases. 

115.  Duties  of  secretary — bond.  Before  enter- 
ing upon  the  duties  of  his  office,  the  secretary  shall 
execute  a  bond,  with  two  securities,  in  the  penal 
sum  of  five  hundred  dollars  in  districts  of  the  first 
and  second  classes,  and  the  penal  sum  of  one  hun- 
dred dollars  in  districts  of  the  third  class,  condi- 
tioned upon  the  faithful  discharge  of  his  official  du- 
ties and  the  delivery  of  all  district  property  per- 
taining to  his  office  over  to  his  successor,  within 

136 


DIRECTORS  §  115 

ten  days  after  a  demand  is  made  for  the  same  by 
a  qualified  successor,  said  bond  to  be  approved  by 
and  filed  with  the  county  superintendent.  The  sec- 
retary shall  record  all  proceedings  of  the  board 
and  of  district  meetings  in  a  book,  or  books,  kept 
for  that  purpose ;  shall  preserve  copies  of  all  reports 
made  to  the  state  or  county  superintendent;  shall 
file  alt  papers  transmitted  to  him  by  other  school 
officers  pertaining  to  the  business  of  the  district; 
shall  draw  and  countersign  all  warrants  or  orders 
issued  by  the  board;  shall  keep  a  register  or  stub 
of  all  orders  drawn,  showing  the  number  of  the  or- 
der, date,  amount,  in  whose  favor  and  for  what  pur- 
pose drawn.  Immediately  after  the  election  of  one 
or  more  directors  according  to  law,  he  shall  trans- 
mit to  the  county  superintendent  a  statement  giv- 
ing the  name  and  post  office  address  of  the  presi- 
dent, secretary  and  treasurer,  respectively,  of  the 
boards  of  directors.  Between  the  tenth  day  of  Feb- 
ruary and  the  first  day  of  March,  in  each  year,  the 
secretary,  or  some  person,  authorized  by  him,  shall 
take  a  census  of  all  persons  over  six  years  and  un- 
der twenty-one  years  of  age  who  were  bona  fide 
residents  of  the  district  on  the  tenth  day  of  Feb- 
ruary aforesaid.  The  names  so  listed  shall  be  ar- 
ranged alphabetically,  and  be  so  classified  as  to  dis- 
tinguish between  male  and  female.  The  census  list 
shall  be  sworn  to  as  correct  by  the  person  taking 
the  same,  and,  if  such  person  be  other  than  the  sec- 
retary, shall  be  certified  by  the  secretary,  and  shall 
•be  forwarded  to  the  county  superintendent  on  or  be- 
fore the  first  day  of  April  of  the  current  school 
year.  In  districts  of  first  and  second  classes  a  copy 

137 


§  115  DIRECTORS 

shall  be  delivered  to  the  principal  teacher,  or  super- 
intendent of  the  district,  and  in  all  cases  a  copy 
shall  be  retained  in  the  office  of  the  secretary. 
— 8.  L.  '11,  p.  577 

Census  showing  one  thousand — directors — election — appointment. 
Note.  That  portion  of  section  129  of  the  School  Laws  Anno- 
tated included  in  brackets  has  been  amended  by  implication 
by  sections  110  and  142  herein,  so  that,  in  case  the  census  of 
1912  should  show  a  thousand  or  more  children  of  school  age  in  a 
second  class  district,  it  would  be  the  duty  of  the  two  hold-over 
members  on  the  first  Monday  in  May  to  appoint  three  members 
of  the  board  to  serve  until  the  regular  election  of  1913,  at  which 
time  two  members  shall  be  elected  for  six  years,  one  member  for, 
four  years  and  one  member  for  two  years.  In  case  the  census 
showed  such  number  of  children  in  1913,  then  two  members  shall 
be  elected  for  six  years  and  one  for  four  years.  If  such  showing 
were  made  in  •  1914,  then  three  members  should  be  appointed 
until  the  regular  election  of  1915;  and  then  and  thereafter  the 
same  procedure  as  above  should  be  followed,  and  all  vacancies 
occurring  in  even  years  should  be  filled  only  until  the  next  regu- 
lar biennial  election,  and  then  elected  in  numbers  and  for 
periods  of  time  to  correspond  with  the  provisions  of  section  110 
herein. 

Duties  of  secretary. 

1.  The  secretary  is  the  proper  custodian  of  the  books, 
papers  and  documents  of  a  district  school  board,  and  is  the 
one  authorized  to  draw  all  warrants  issued  by  the  board, 
these  to  be  countersigned  by  the  president  and  treasurer. 

2.  It  is  not  the  duty  of  the  secretary  of  the  board  to 
draw  a  warrant  unless  the  order  for  such  warrant  appears 
upon  the  written  records  of  the  board. 

3.  If  a  secretary  of  a  school  board  should  falsify  his 
records,  he  would  violate  his  bond. 

Census  list. 

4.  The  census  list  may  be  sworn  to  before  any  officer 
authorized  to  administer  oaths. 

5.  The  names  of  all  persons  of  school  age  must  be 
included  in  the  census.     The  law  makes  no  exception  in 
regard  to  married  persons. 

6.  Regarding  the  census  list  sworn  to  be  correct  by  the 
secretary  of  the  school  board,  there  is  no  alternative  but 
to  accept  the  same  unless  the  matter  is  taken  into  court 
and  a  false  affidavit  was  proved. 

138 


DIRECTORS  §  115 

Residence  in  district — how  determined. 

I.  The  fact  that  the  head  of  a  family  pays  a  tax  in  a 
certain  school  district  does  not  of  itself  give  his  children 
the  privileges  of  the  school  in  that  district. 

8.  Children  may  attend  school  free  of  charge  only  in 
the  district  in  which  their  parents  or  guardians  are  bona 
fide  residents. 

9.  If  the  home  of  a  family  is  certified  to  be  in  a  dis- 
trict, and  if  the  children  have  been  listed  upon  the  school 
census  of  that  district,  the  children  would  have  the  right 
to   attend   the   school   without  tuition,   even   if  the  family 
spends  a  large  part  of  the  year  elsewhere.     In  the  case  of 
pupils  attending  before  the  family  moves  into  the  district 
for  the  winter,  the  same  rule  would  apply. 

10.  If  the  home  of  a  family  is  certified  to  be  in  a  dis- 
trict, and  if  the  children  have  been  listed  upon  the  scnool 
census  of  that  district,   the  children  would  not  have  the 
right  to  attend  in  another  district,  without  paying  tuition. 

II.  An  emancipated  minor  has  a  right  to  declare  his 
residence,  and  is  entitled  to  all  the  school  privileges  of  the 
district  of  which  he  is,  bona  fide,  a  resident. 

12.  In  the  case  of  families  living  in  one  school  district, 
but    sending    children    to    school    in    another    district,    the 
children  must  be  listed  in  the  district  in  which  the  parents 
reside,  and  not  in  the  district  in  which  they  attend  school. 

13.  Where  a  family  resides  regularly  a  part  of  the  year 
in  one  district  and  a  part  of  the  year  in  another,  the  resi- 
dence for  school  purposes  should  be  the  one  held  in  good 
faith  on  the  10th  day  of  February. 

14.  That  place  shall  be  considered  and  held  to  be  the 
residence  of  a  person  in  which  his  habitation  is  fixed,  and  to 
which,  whenever  he  is  absent,  he  has  the  intention  of  re- 
turning. 

15.  A  person  shall  not  be  considered  or  held  to  have 
lost  his  residence  who  shall  leave  his  home  and  go  into 
another  state  or  territory  or  county  of  this  state  for  tempo- 
rary purposes  merely,  with  the  intention  of  returning. 

1G.  A  non-resident  of  a  school  district  is  one  whose 
permanent  dwelling  place  is  not  within  the  boundaries  of 
that  district. 

17.  The  residence  of  a  minor  is  the  residence  of  his 
parents  or  guardian. 

18.  If  a  family  move  into  a  school  district  for  school 
purposes  and  during  the  school  year  remove  therefrom,  they 
are  not  residents  of  such  district,  within  the  meaning  of 
the  school  law. 

139 


§  115  DIRECTORS 

19.  A  person  may  retain  his  residence  in  a  district,  if, 
at  the  time  of  leaving  the  district,  it  was  his  intention  to 
return. 

20.  The  word  "residing,"  as  used  in  the  school  law, 
has  reference  to  a  permanent  residence. 

21.  An  unmarried  person  under  twenty-one  can  claim 
residence  where  the  parents  reside,  whether  absent  from 
home,  at  school  or  at  work. 

22.  Every  unmarried  person  under  twenty-one  is  en- 
titled to  draw  school  money. 

23.  The  fact  that  a  person  pays  taxes  in  two  counties 
does  not  give  him  the  right  to  send  children  to  school  in 
both  counties  in  which  the  taxes  are  paid:   as  a  person's 
residence  can  only  be  in  one  place,  and  the  permanent  home 
determines  the  proper  district. 

24.  Residence  under  the  school  law  means  a  person's 
real  home,  not  a  temporary  abiding  place;  and  when  people 
move  into  a  town  with  children  at  the  beginning  of  school, 
expecting  to  return  to  their  former  home  at  the  close,  they 
cannot  claim  residence,  and  the  school  board  has  a  right  to 
charge  tuition. 

25.  A  child  who  is  living  with  a  lona  fide  resident  of 
a  district  and  dependent  upon  such  resident  for  a  living  is 
entitled  to  attend  school  in  such  district  free,  though  the 
parents  of  such  child  are  living  in  another  district. 

26.  If  parents  own  no  home  in  a  particular  district,  but 
rent  while  the  children  go  to  school  there,  and  return  to  a 
ranch  which  they  own  in  another  district  as  soon  as  school 
is  out,  the  district  in  which  the  ranch  is  located  should 
enroll  the  children  upon  the  census  list. 

27.  If  renters  renting  by  the  year  and  having  no  other 
home  send  children  to  school,  the  district  in  which  they 
are  residing  in  a  rented  house  should  enroll  the  children. 

28.  If  renters  rent  by  the  month,  leaving  when  school 
is  out,  and  having  a  fixed  home  elsewhere,  the  children 
should  be  enrolled  in  the  district  where  the  fixed  home  is 
located;  but  if  they  have  no  home  elsewhere,  although  leav- 
ing when  school  is  out,  the  children  should  be  enrolled  in 
the  district  where  they  rent. 

29.  If  the  mother  votes  in  a  certain  district,  living 
there  with  the  children,  that  would  be  her  residence  and 
the  children  should  be  enrolled  in  such  district. 

30.  A  person  of  school  age  cannot  be  enrolled  in  the 
school  census  of  a  district  in  which  he  does,  not  reside, 
though  his  father  is  employed  and  boards  in  said  district 
and  claims  his  residence  therein,  when  it  appears  that  such 

140 


DIRECTORS  §  115 

person  of  school  age  has  never  actually  been  in  said  district 
and  when  he  actually  lives  in  a  foreign  country  or  state  or 
when  he  is  properly  enrolled  in  any  other  school  district 
in  this  state. 

31.  It  would  not  be  legal  to  enroll  the  persons  of  school 
age   belonging  to  the  state  industrial  school   in  Jefferson 
county  upon  the  census  lists  of  the  school  district  or  dis- 
tricts where  the  school  is  located,  providing  such  persons 
have  a  residence  elsewhere.     The  names  of  such  persons 
would  appear  upon  the  census  lists  and  would  draw  from 
the  general  school  fund  for  the  benefit  of  the  districts  in 
which  is  their  true  residence,  and  the  state  makes  its  own 
special  provision  for  the  education  of  such  persons. in  the 
industrial  schools. 

32.  If  the  married  woman  referred  to  owns  a  home  in 
the  district,  pays  taxes  on  the  same,  and  makes  her  home 
there  during  the  greater  portion  of  the  year  and  has  her 
children   on  the   census  list,   she  is   entitled  to   send   her 
children    to    the    school    in    that    district   without    paying 
tuition,  although  her  husband  may  live  on  a  farm  in  another 
district. 

33.  Indian  children  of  school  age,  living  within  the 
boundaries  of  a  school  district,  should  be  included  in  the 
census  list,  but  Indian  children  attending  the  Indian  school 
should  not  be  included  in  the  district  in  which  the  Indian 
school  is  located,  but  in  the  districts  in  which  their  parents 
live. 

Census  of  deaj  and  'blind. 

34.  Deaf  mutes  and  blind  persons  between  the  ages  of 
six  and  twenty-one  should  be  included  in  the  school  census. 

Annexed    territory — census. 

35.  If  territory  is  added  to  a  district  after  the  annual 
census  of  that  district  has  been  taken,  the  names  of  per- 
sons of  school  age  residing  in  the  annexed  territory  should 
be  added  to  the  census  list  of  the  enlarged  district  and  the 
latter  given  its  per  capita  for  the  total  number. 

Apportionment  of  school  fund  l)ased  on  census. 

36.  The  apportionment  of  the  general  school  fund  for 
the  year  beginning  July  1st  annually  is  based  on  the  census 
list  prepared,  taken  between  the  10th  day  of  February  and 
1st  of  April  preceding,  and  there  is  no  exception  to  this 
rule,  except  in  case  of  formation  of  new  districts;   nor  is 
there  any  provision  whereby  this  fund  can  be  transferred 

141 


§  116  DIRECTORS 

from  one  district  to  another  after  said  census  has  been 
taken. 

116.     Further  duties  of  secretary — report.     The 

secretary  shall  keep  an  accurate  account  of  the  ex- 
penses incurred  by  the  district,  and  shall  present 
the  same  to  the  board  whenever  called  upon.  He 
shall  give  the  required  notice  of  all  regular  and 
special  meetings,  as  herein  authorized.  On  or  before 
the  first  day  of  August  of  each  year  he  shall  make 
out  and  file  in  the  office  of  the  county  superintend- 
ent, a  report  of  the  affairs  of  his  district.  Said  re- 
port shall  be  made  upon  blanks  prepared  by  the 
superintendent  of  public  instruction  containing  such 
items  of  information  as  the  said  superintendent 
shall  require,  including  the  following,  viz. : 

First — The  number  of  persons,  male  and  female, 
each,  in  his  district,  between  the  ages  of  six  and 
twenty-one  years. 

Second — The  number  of  schools  and  the  branches 
taught  in  each. 

Third — The  number  of  pupils  in  each  school. 

Fourth — The  number  of  teachers  employed,  in 
each  school,  and  the  compensation  of  each  per 
month. 

Fifth — The  number  of  days  the  school  was  taught 
during  the  year  then  past  and  by  whom. 

Sixth — The  number  of  pupils  enrolled  during 
the  year;  the  average  daily  attendance. 

Seventh — The  average  cost  of  school  per  month 
f6r  each  pupil,  based  upon  the  total  enrollment,  and 
also  the  average  cost,  based  upon  the  average  daily 
attendance.  In  estimating  these  averages  the  sec- 
retary shall  take  account  of  the  teachers'  wages;  all 
current  expenses,  and  six  per  cent,  interest  upon  a 

142 


DIRECTORS  §  116 

fair  valuation  of  all  property  belonging  to  the  dis- 
trict. 

Eighth — Text  books  used  in  each  school. 

Ninth — The  number  of  volumes  in  the  library 
of  each  school. 

Tenth — The  aggregate  amount  paid  teachers  dur- 
ing the  year,  and  the  average  monthly  pay  of  teach- 
ers. 

Eleventh — The  number  of  public  school  houses, 
and  the  estimated  value  of  each. 

Twelfth — The  amount  raised  by  tax  in  the  dis- 
trict during  the  year  for  school  library. 

Thirteenth — The  amount  raised  by  subscription 
or  by  other  means  than  by  tax. 

Fourteenth — The  amount  of  special  tax  levied 
for  the  support  of  schools  and  for  building  sites,  and 
furniture. 

Fifteenth — The  amount  of  money  on  hand  at 
the  beginning  of  the  year  then  past. 

Sixteenth — The  amount  of  money  received  from 
all  other  sources  than  those  herein  specified. 

Should  the  secretary  fail  to  file  his  report,  as 
above  directed,  he  shall  forfeit  the  sum  of  one  hun- 
dred dollars,  and  shall  make  good  all  loss  resulting 
to  the  district  from  such  failure. — R.  8.  5936 

Secretary  give  notice. 

1.  A  meeting  of  a  school  board  cannot  be  properly  held 
unless  reasonable  notice  has  been  given  to  all  members. 

2.  The  secretary  of  the  board  would  have  no  authority 
to   post  notices  calling  a  meeting  at  any  other  than  the 
regular  place  of  meeting  without  the  consent  of  at  least 
one  of  the  other  members  of  the  board. 

Valid  though  not  reported  to  county  superintendent. 

3.  In  the  case  of  a  special  meeting  legally  held,  the 
business  there  transacted  would  not  be  invalidated  through 

143 


§§117-118-119  DIRECTORS 

the  failure  of  the  secretary  to  send  a  formal  report  to  the 
county  superintendent  of  the  business  thus  transacted, 
although  it  is  the  duty  of  the  secretary  to  send  such  a 
report. 

Special  tax  levy. 

4.  The  special  tax  levy  should  be  made  previous  to 
sending  in  the  annual  report  of  the  secretary  of  the  district. 
The  levy  can  be  certified  to  legally  by -two  members  of  the 
board.    * 

Secretary  violate  bond. 

5.  If  a  secretary  of  a  school  board  should  falsify  his 
records,  he  would  violate  his  bond. 

117.  Secretary     exhibit    quarterly    report    to 
board.    That  it  shall  be  the  duty  of  each  secretary 
of  the  boards  of  school   directors  to   exhibit  said 
quarterly  report  to  the  board  at  its  first  regular 
meeting  after  the  receipt  of  said  report  for  the  in- 
spection of  said  board  and  that  the  board  shall  ex- 
amine  said   quarterly  report   and   canceled   orders 
and  instruct  the  secretary  to  report  the  correctness, 
or  incorrectness,  if  any  be  found,  upon  the  blank 
furnished  by  the  county  treasurer. — R.  s.  5905 

Note.    For  report  referred  to,  see  section  106. 

118.  Secretary  keep  quarterly  reports  and  can- 
celed orders  on  file  for  six  years.    That  it  shall  be 
the  duty  of  each  secretary  of  the  several  boards  of 
school  directors,  and  their  successors,  to. keep  on  file 
for  a  term  of  six  years,  all  quarterly  reports  and 
canceled   orders  received   from    county   treasurers, 
and  at  the  end  of  said  period  to  cancel  by  fire,  all 
canceled  orders,  filing  the  quarterly  reports  for  such 
period  for  future  reference. — R.  S.  5906 

119.  Secretary   render   statement— books   open 
for  inspection.    The  secretary  shall  render  a  state- 
ment of  the  condition  of  the  finances,  as  shown  by 
the  books,  at  any  time  when  required  by  the  school 

144 


DIRECTORS  §  120 

board,  and  his  books    shall    always    be    open    for 
inspection.  —R.  8.  5937 

Notice  for  special  tax. 

I.  It  would  be  legal  for  you  to  vote  a  special  tax  at  an 
annual  meeting  by  giving  the  legal  notice;  Provided,  That 
such  special  tax,  together  with  any  other  special  taxes 
levied  for  the  given  year,  does  not  exceed  the  levy  allowed 
to  a  district  of  your  class. 

120.  Failure  of  secretary  to  report — duty  of  su- 
perintendent of  public  instruction.  Whenever  a  dis- 
trict secretary  fails  to  file  his  annual  report  and 
census  list  with  the  county  superintendent,  accord- 
ing to  law,  thereby  rendering  it  impossible  for  the 
said  superintendent  to  apportion  to  such  district 
any  part  of  the  general  fund  for  the  ensuing  year,  if 
it  can  be  shown  to  the  satisfaction  of  the  superin- 
tendent of  public  instruction  that  such  report  and 
census  list  were  prepared  and  reasonable  diligence 
used  to  place  the  same  in  the  hands  of  the  county 
superintendent,  and  that  such  report  and  census 
list  failed  to  reach  said  superintendent  by  reason 
of  some  accident  or  extraordinary  occurrence;  and 
if  it  be  further  shown  that  a  public  school  was 
maintained  in  such  district  for  not  less  than  the 
minimum  time  required  by  the  state  constitution ; 
and  if  it  be  also  shown  that  duplicates  of  the  miss- 
ing papers  have  been  placed  in  the  hands  of  the 
county  superintendent,  or  in  his  office,  then  the  su- 
perintendent of  public  instruction  shall  direct  the 
county  superintendent  to  apportion  to  such  district 
its  per  capita  share  of  the  general  fund  distributed 
during  the  remainder  of  the  year,  as  provided  in 
section  seventy-two.— .R.  8.  5938 

Note.    Section  72  above  referred  to  is  section  99. 
Note.    Report  of  secretary,  section  116. 

145 


§  121  DIRECTORS 

Failure  to  make  annual  report. 

1.  A  school  district  having  kept  up  its  organization  and 
maintained  a  four  months'  school  during  the  year,  cannot 
be  annulled  for  simply  failing  to  make  the  annual  report  as 
this  failure  is  chargeable  to  the  secretary  and  if  any 
damage  ensues  to  the  district  he  should  be  held  on  his 
bond. 

121.  Treasurer  countersign  warrants — render 
accounts— failure— penalty.  It  shall  be  the  duty  of 
the  treasurer  to  countersign  all  warrants  drawn  by 
the  president  and  secretary  on  the  county  treasurer, 
in  favor  of  parties  to  whom  the  district  has  become 
lawfully  indebted,  and  to  keep  an  account  of  the 
same.  He  shall  take  charge  of  all  moneys  received 
by  him  on  account  of  the  district  from  the  county 
treasurer^  as  provided  in  sections  ninety-one  and 
ninety-two  of  this  act,  and  pay  out  the  same  as 
therein  provided.  He  shall  render  a  statement  of 
the  finances  of  the  district,  as  shown  by  the  records 
of  his  office  at  the  close  of  each  school  year,  and 
at  any  other  time  when  required  by  the  board. 
For  a  failure  to  perform  any  of  the  duties  of  his 
office  when  directed  by  the  board,  or  for  refusing 
or  neglecting  to  deliver  to  his  legally  qualified  suc- 
cessor all  money,  books,  or  other  district  property 
in  his  possession  or  care,  within  ten  days  after  the 
same  shall  have  been  demanded  by  such  successor, 
he  shall  be  liable  on  his  bond,  and  shall  make  good 
any  loss  resulting  to  the  district  from  such  failure 
or  neglect.  —R.  8:  5940 

Note.  Sections  91  and  92  above  referred  to  are  sections  22 
and  31. 

Warrants — signing  of. 

1.  The  secretary  is  the  one  authorized  to  draw  all  war- 
rants authorized  by  the  board;  and  the  president  and  treas- 
urer should  countersign  the  same. 

146 


DIRECTORS  §  121 

2.  A  warrant  drawn  for  a  lawful  indebtedness  against 
the   district   is   valid,   although    not   countersigned    by   the 
district  treasurer;  but  a  county  treasurer  who  pays  a  war- 
rant not  countersigned  by  the   district  treasurer,   does  so 
at  his  own  risk,  and  if  such  warrant  is  not  drawn  for  a  law- 
ful indebtedness,  he  is  liable  on  his  official  bond. 

3.  It   is   the   duty   of   each   member  of  the  board   of 
directors  to  sign  all  warrants  drawn  on  the  county  treas- 
urer in  favor  of  parties  to  whom  the  district  is  lawfully 
indebted;   but  if  any  director  refuses  so  to  do  there  is  no 
way  to  compel  him  except  by  mandamus  proceedings  in  the 
courts.    If,  however,  the  county  superintendent  be  cognizant 
of  the  fact  and  certifies  that  the  warrant  was  drawn  in 
payment  of  a  legal   debt,   the  county   treasurer  would  be 
justified  in  paying  such  warrant  although  signed  by  only 
two  directors,  one  of  whom  must  be  the  president. 

4.  In  regard  to  the  method  of  raising  money  to  build 
a  school  building,  the  law  prohibits  the  issuing  of  warrants 
in  excess  of  the  revenues  of  the  .district  for  the  current 
year;   therefore  an  arrangement  for  issuing  warrants  pay- 
able in  one,  two  and  three  years,  the  qualified  voters  to 
vote  a  levy  to  be  collected  in  one,  two  and  three  years  to 
pay  the  warrants,  would  not  be  legal.    The  voters  have  no 
authority  to  vote  a  levy  except  for  the  current  year.     It 
would,  therefore,  only  be  possible  to  raise  the  money  by 
voting  bonds  for  the  amount  if  the  electors  do  not  wish  to 
levy  the  whole  tax  in  one  year. 

Warrants  drawn  for  what  purpose 

5.  Since  no  warrant  is  valid  if  drawn  in  favor  of  a 
person  to  whom  the  district  is  not  lawfully  indebted,  the 
district  has  no  authority  to  incur  the  debt  for  the  payment 
of  which  the  warrant  mentioned  was  drawn. 

6.  The    only    legal    restrictions    placed    upon    school 
directors  in  the  matter  of  issuing  warrants  are  that  they 
must  be  issued  to  persons  to  whom  the  district  is  legally 
indebted,  and  the  total  amount  issued  must  not  be  in  excess 
of  the  special  tax  levied  for  the  current  year. 

7.  A  county  treasurer  can  legally  pay  only  such  war- 
rants as  are  issued  against  the  school  fund  of  the  current 
year. 

County  treasurer  custodian  of  school  funds. 

8.  The  county  treasurer  is  the  only  legal  custodian  of 
the  school  funds.    The  district  treasurer  has  no  legal  right 
to  hold  in  his  possession  any  of  the  general,  special  or  bond 

147 


§§  122-123  DIRECTORS 

fund,  nor  have  the  directors  of  a  school  district  any  legal 
right  to  issue  orders  on  the  county  treasurer,  except  in 
favor. of  those  parties  to  whom  the  district  is  legally  in- 
debted. In  the  payment  of  school  bonds,  the  district  treas- 
urer has  control  of  the  funds  only  during  the  times  of 
advertising  and  subsequent  payment. 

9.  Funds  of  first  class  districts  must  remain  in  the 
hands  of  the  county  treasurer  and  be  drawn  upon  through 
warrants  made  out  by  the  district  board,  as  in  districts  of 
the  third  class.  The  law  makes  no  provision  for  the  hand- 
ling of  the  funds. 

Legality  of  interest  bearing  warrants. 
10. .  The  courts  have  never  passed  an  opinion  concern- 
ing the  question  of  taxation  of  interest  bearing  school 
warrants.  It  cannot,  therefore,  be  stated  at  this  time,  what 
rule  prevails,  it  being  for  the  courts  hereafter  to  interpret 
this  question. 

122.  Delinquent   officers — penalties.    No  super- 
intendent or  district  officer  shall  receive  any  of  the 
compensation,  who  has  neglected  or  refused  to  per- 
form any  duty  required  by  law,  and  any  district 
officer  so  neglecting  or  refusing,  when  specially  di- 
rected by  a  majority  of  the  district  board,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  it  shall  be 
deemed  a  violation  of  law  for  any  person  to  draw 
or  sign  a  warrant  for  the  payment  of  such  delinquent 
officer,  and  any  person  so  signing  a  warrant  shall 
be  liable  in  double  the    amount    of    such    warrant. 
— R.  8.  5941 

123.  Powers  of  directors.      Any    school    board 
shall  have  power  to   make   such   by-laws  for  their 
own   government   and   for  the   government   of  the 
public  schools  under  their  charge,  as  they  may  deem 
expedient,  not  inconsistent  with  the  provisions  of 
this  act,  or  the  instructions  of  the  superintendent 
of  public  instruction.     District  boards  of  the  first 
class  shall  also  have  power  to  fill  any  vacancy  which 

148 


DIRECTORS  §  124 

may  occur  in  the  board,  until  the  regular  election, 
at  which  time  the  vacancy  shall  be  filled  for  the 
unexpired  term.  —  R.  8.  5924 

Note.  County  superintendents  fill  vacancy,  except  in  first 
class  districts,  section  95. 

Filling  vacancy. 

1.  In   a  first   class   district,   when   a  vacancy   occurs 
after  the  advertisement  of  the  regular  election,  any  person 
desiring  to  become  a  candidate  for  director  may  do  so  by 
filing  a  written  notice  of  such  intention  with  the  secretary 
of  the  board  at  least  eight  days  prior  to  the  day  of  holding 
election."     If   the  vacancy   occurs   after   eight   days  before 
election  the  board  should  fill  the  vacancy  until  the  next 
regular  election. 

Powers  of  board. 

2.  A  school  board  has  a  legal  right  to  require  such 
qualifications  of  teachers  as  seem  to  them  to  be  for  the  best 
interests  of  the  school,  provided  such  qualifications  do  not 
conflict  with  those  required  by  the  state. 

3.  The  statute  gives  boards  of  directors  of  first  class 
districts  entire  authority  to  fill  vacancies,  and  with  that 
authority,  by  necessary  implication,  goes  the  authority  to 
declare  vacancies,  excluding  the  idea  that  a  county  super- 
intendent  may    have    that    authority.     The   county    super- 
intendent has  no  right  whatever  to  hold  that  a  vacancy 
exists  in  the  board  of  a  district  of  the  first  class  until  such 
a  vacancy  has  been  declared  by  the  board  itself,  or  by  the 
courts. 

4.  If  the  school  board  chose  to  revoke  its  rules  con- 
cerning the  place  where  a  school  meeting  must  be  held,  it 
would  have  a  right  to  do  so. 

124.  Powers  of  school  boards.  Every  school 
board,  unless  otherwise  especially  provided  by  law, 
shall  have  power,  and  it  shall  be  their  duty : 

First — To  employ  or  discharge  teachers,  me- 
chanics and  laborers,  and  to  fix  and  order  paid  their 
wages ;  to  determine  the  rate  of  tuition  for  non-resi- 
dent pupils,  and  to  fix  the  compensation  to  be  al- 
lowed the  secretary  for  the  time  necessarily  spent  in 
the  service  of  the  district,  as  required  by  law,  or 

149 


§  124  DIRECTORS 

as  directed  by  the  board;  Provided,  It  shall  be  un- 
lawful to  pay  any  other  member  of  the  board,  from 
the  district  funds,  for  his  services  as  a  member  of 
such  board. 

Second — To  enforce  the  rules  and  general  regu- 
lations of  the  state  superintendent,  to  fix  the  course 
of  study,  the  exercises  and  the  kind  of  text  books 
to  be  used;  Provided,  That  but  one  kind  of  text 
book  of  the  same  grade  or  branch  of  study  shall 
be  used  in  the  same  department  of  a  school,  and 
that  after  the  adoption  of  any  book,  it  shall  not  be 
changed  in  less  than  four  years,  unless  the  price 
thereof  shall  be  unwarrantably  advanced,  or  the  me- 
chanical quality  lowered,  or  the  supply  stopped. 

Third — To  provide. for  school  furniture,  and  for 
everything  needed  in  the  school  house,  or  for  the 
use  of  the  school  board. 

Fourth — To  rent,  repair  and  insure  school 
houses. 

Fifth — To  build  or  remove  school  houses,  and  to 
purchase  or  sell  school  lots,  when  directed  by  a  vote 
of  the  district  so  to  do. 

Sixth — To  hold  in  trust  for  their  district  all  real 
or  personal  property  for  the  benefit  of  the  school 
thereof. 

Seventh — To  suspend  or  expel  pupils  from  school 
who  refuse  to  obey  the  rules  thereof,  and  to  exclude 
from  school,  children  under  six  years  of  age. 

Eighth — To   determine  the  number  of  teachers  • 
that  shall  be  employed,   and  length  of  time   over 
and  above  three   (3)   months  that  the  school  shall 
be  kept;  to  fix  the  time  for  the  opening  or  closing 

150 


DIRECTORS  §124 

of  schools,  and  for  the  dismissal  of  primary  pupils 
before  the  regular  time  for  closing  the  schools. 

Ninth — To  provide  books  for  indigent  children, 
on  the  written  statement  of  the  teachers  that  the 
parents  of  such  children  are  not  able  to  purchase 
them,  and  to  furnish  free  text  books  for  the  use  of 
all  pupils,  when  authorized  to  do  so  by  a  majority 
vote  of  the  district,  as  expressed  at  any  regular  or 
special  meeting. 

Tenth — To  require  all  pupils  to  be  furnished  with 
the  proper  and  suitable  books  as  a  condition  of  mem- 
bership in  school. 

Eleventh — To  exclude  from  school  and  school 
libraries  all  books,  tracts,  papers  and  other  publi- 
cations of  an  immoral  or  pernicious  tendency. 

Twelfth — To  require  teachers  to  conform  to  the 
law. 

Thirteenth — To  make  an  annual  report,  as  re- 
-quired  by  law,  to  the  county  superintendent,  on  or 
before  the  first  day  of  August  of  each  year,  in  the 
manner  and  form  and  on  the  blanks  prescribed  and 
furnished  by  the  superintendent  of  public  instruc- 
tion. 

Fourteenth — To  make  a  report  directly  to  the 
state  superintendent,  whenever  instructed  by  him 
so  to  do. 

Fifteenth — Whenever  a  pupil  resides  remotely 
from  the  school  house  in  his  district,  and  where  a 
school  house  is  more  accessible  in  an  adjoining  dis- 
trict or  county,  such  pupil  shall  be  permitted  to  at- 
tend that  school  which  is  the  most  accessible,  and 
be  granted  the  same  privileges  as  a  resident  of  that 
district.  Provided,  The  board  may  refuse  to  admit 

151 


§  124  DIRECTORS 

pupils  from  other  districts  upon  the  ground  of  in- 
sufficient room.  In  such  case,  the  directors  of  the 
district  wherein  the  said  pupil  resides  shall  pay  a 
reasonable  tuition  to  the  district  wherein  the  school 
is  the  most  accessible,  which  said  tuition  shall  be 
agreed  upon  by  the  two  school  boards  affected ;  Pro- 
vided, however,  If  they  do  not  agree,  the  county 
superintendent  or  superintendents  of  the  county  or 
counties  in  which  such  district  or  districts  so  af- 
fected are  located  shall  settle  the  price  of  tuition. 
In  case  said  two  superintendents  can  not  agree  on 
the  tuition  to  be  paid,  then  the  state  superintendent 
of  public  instruction  shall  fix  the  sum  of  said  tui- 
tion. Provided,  further,  That  whenever  any  pupil 
outside  a  high  school  district  desires  to  attend  a 
high  school  within  the  county  where  such  pupil  re- 
sides, and  such  pupil  shall  possess  the  necessary 
qualifications  for  admittance  thereto,  the  necessary 
tuition  fees  charged  for  the  attendance  of  such  pupil 
by  said  high  school  shall  be  paid  by  the  school  dis-' 
trict  in  which  such  pupil  resides,  not  exceeding 
$2.50  per  month.  —R.  8.  5925,  amended  8.  L.  '09,  p.  488 

Note.  State  board  of  health  may  prescribe  text-book  on 
hygiene,  section  5010. 

Certificate  obtained  after  commencement  of  school. 
a.  A  teacher  who  at  the  time  of  her  employment  has 
a  first  grade  certificate  in  full  force  in  another  county  upon 
which  her  county  superintendent  agrees  to  issue  a  certi- 
ficate of  like  grade,  but  does  not  do  so  until  after  the 
commencement  of  her  school,  is  entitled  at  least  to  compen- 
sation from  the  date  of  such  like  grade  certificate  if  she 
proceeds  with  the  school. — School  Dist.  v.  Ross,  4  C.  A.  493 

Lien  law  not  apply  school  buildings. 

&.  The  provisions  of  the  mechanics  lien  law  cannot  be 
applied  to  public  school  buildings. — Florman  v.  School  Dist., 
6  C.  A.  319 

152 


DIRECTORS  §  124 

School  property  held  in  trust. 

c.  All  school  property  within  the  district  is  held  by 
the  board  of  directors  in  trust  for  the  district  for  the  bene- 
fit of  the  school.— Florman  v.  School  Dist.,  6  C.  A.  319 

Injunction  not  lie  to  prevent  discharge  of  teacher. 

d.  Since  school  boards  have  power  to  summarily  dis- 
miss teachers  for  cause,  injunction  will  not  lie  to  restrain 
them    from    so    doing,    for    if    wrongfully    dismissed    the 
teacher's  remedy  is  an  action  for  damages. — School  Dist. 
v.  Carson,  9  C.  A.  6 

Ratification  of  contract. 

e.  Where  a  school  board  enters  into  a  contract,  with 
a  teacher  and  for  ten  weeks  accepts  her  services  and  pays 
her  wages,  such  action  constitutes  a  ratification  of  the  con- 
tract  and    the   board    is   estopped    from    asserting   its    in- 
validity.— School  Dist.  v.  Stone,  14  C.  A.  211 

Contract  not  made  at  formal  meeting. 

f.  Under  the  law  authorizing  a  school  board  to  employ 
teachers,  it  is  not  absolutely  necessary  that  the  contract  be 
made  at  a  formal  meeting,  and  a  contract  agreed  to  by  all 
members  of  -the  board  and  executed  and  signed  by  a  ma- 
jority  of   the   board   is   binding,   although   not   done   at   a 
regularly    convened    meeting. — School    Dist.    v.    Stone,    14 
C.  A.  211 

Certificate — not  collaterally  attacked  except. 

g.  In  an  action  by  a  teacher  for  wages  under  a  con- 
tract, his  certificate  from  a  county  superintendent  cannot 
be  collaterally  attacked  except  for  fraud.— School  Dist.  v. 
Stone,  14  C.  A.  211 

County  superintendents  sue  in  official  capacity. 
h.~  County  superintendents  have  the  right  to  sue  in 
their  official  capacity,  and  may  maintain  such  actions  as 
are  necessary  to  the  fulfillment  of  the  duties  of  their  offices; 
and  to  this  end  may  bring  an  action  to  restrain  a  board  of 
directors  from  employing  a  teacher  without  a  certificate. — 
Catlin  v.  Christie,  15  C.  A.  291 

Teacher  discharged  need  not  appeal. 

i.  A  public  school  teacher  engaged  for  a  specific  term, 
who  is  discharged  without  cause,  need  not  rely  upon  the 
statutory  right  of  appeal  from  the  decision  of  the  board, 
but  may  bring  action  to  recover  in  the  courts;  and  the  rule 
in  the  teacher's  hand-book  that  the  tenure  of  office  of  all 
teachers,  regardless  of  contract,  shall  be  at  the  pleasure  of 


§  124  DIRECTORS 

the  board,   is  no   defense  to  such  action. — School  Dist.  V. 
Hale,  15.  C.  367 

Teacher  discharged  for  cause  only.* 

;'.  A  teacher  cannot  be  dismissed  from  the  public 
schools  without  due  notice  and  upon  good  cause  shown, 
and  when  an  action  is  brought  to  recover  damages  therefor 
the  board  can  only  justify  by  showing  proper  cause  for 
dismissal  in  accordance  with  the  statute. — School  Dist.  v. 
McComb,  18  C.  240 

Revoking  certificate  after  discharging. 

k.  A  school  board  of  a  first  class  district  after  dis- 
charging a  teacher  has  no  authority  to  revoke  a  certificate 
theretofore  issued  to  him  so  as  to  prevent  his  recovery  for 
the  unexpired  term. — School  Dist.  v.  Shuck,  49  C.  526 

Appointment  and  acceptance  create  contract. 
Z.  A  resolution  of  the  directors  appointing  plaintiff  a 
teacher  for  the  ensuing  school  year  and  an  acceptance  of 
the  appointment  create  a  contract,  and  the  requirement  in 
the  resolution  that  teachers  must  after  a  designated  date 
hold  a  first  grade  certificate,  is  not  a  limitation  but  simply 
renders  the  employment  subject  to  termination  after  such 
date  if  not  complied  with. — Nash  v.  School  Board,  49  C.  555 

Hire   Teachers. 

1.  A  school  board  has  the  sole  right  to  engage  a  teacher 
for  the  district;    and  the  fact  that  a  majority  of  the  tax 
payers  sign  a  petition  making  a  protest  against  the  selec- 
tion made  by  the  board  can  in  no  way  affect  the  legal  right 
or  action  of  the  board  in  appointing  a  teacher. 

2.  If  a  teacher  receives  from  the  secretary  of  a  school 
board,  in  pursuance  of  an  order  of  the  board,  a  letter  notify- 
ing him  of  the  length  of  term  and  salary,  such  notification 
would  stand  in  law  as  a  contract,  should  the  teacher  accept. 

3.  A  verbal  promise  given  to  a  teacher  by  members  of 
the  school  board  at  other  than  a  regular  meeting  is  not 
legally  binding  upon  the  board;  and  the  board  would  have 
a  right  to  engage  another  person  at  a  regular  meeting. 

4.  There  is  nothing  in  the  school  law  of  Colorado  to 
prevent  a  board  of  directors  in  a  first  class  district  from 
making  a  contract  with  a  teacher  or  superintendent  for  a 
term  exceeding  the  school  year. 

5.  When  a  teacher  enters  into  a  contract  with  a  board 
of   directors   to   teach  a  certain   number  of  months,   it  is 
understood  that  customary  vacations  may  intervene,  even 
though  not  specified  in  the  contract,  and  the  teacher  is  not 

154 


DIRECTORS  §  124 

entitled  to  compensation  for  such  vacation,  he  being  re- 
quired to  teach  the  full  number  of  months  specified  in  the 
contract  excluding  such  vacation;  this,  however,  does  not 
include  legal  holidays  coming  within  the  school  week,  for 
which  the  teacher  is  entitled  to  pay  without  teaching  unless 
otherwise  expressly  stated  in  the  contract. 

6.  There   is   no   law   requiring  a   teacher  to   have   a 
physician's  certificate  of  good  health;   this  matter  is  gov- 
erned by  the  rules  made  by  the  board  of  directors. 

7.  School  boards,  in  districts  of  the  first  class,  have 
entire  control  of  the  examination  and  licensing  of  appli- 
cants to  teach  in  their  districts.     They  also  have  a  legal 
right  to  renew  certificates  without  examination.    One  mem- 
ber of  a  school  board  cannot  legally  employ  a  teacher  except 
when  ordered  to  do  so  by  the  board  at  a  regular  or  special 
meeting. 

8.  If  a  teacher  has  been  employed  to  teach  a  certain 
department  of  a  school,  the  school  board  would  not  have 
the   right   to    close    another    department   and    require    one 
teacher  to  do  the  work  of  both  departments,  unless  such 
an  arrangement  had  been  made  in  the  contract  entered  into 
between  the  teacher  and  the  board. 

9.  The  only  way  by  which  a  teacher's  salary  can  be 
legally  increased  during  the  term  for  which  she  is  employed 
would  be  at  a  regular  or  special  meeting  of  the  school  board. 

10.  The  law  provides  that  an  applicant  for  a  teacher's 
certificate  must  not  be  less  than  eighteen  years  of  age;  and 
it  would  be  illegal  to  grant  a  certificate  if  the  applicant  did 
not  meet  that  requirement,  and  illegal  for  a  school  board 
to  employ  a  teacher  under  such  circumstances. 

11.  An  oral  contract  made  between  a  teacher  and  a 
school  board  is  as  binding  as  a  written  one  if  it  can  be 
proven. 

12.  The  laws  of  Colorado  do  not  make  it  illegal  for 
members  of  school  boards  to  vote  for  relatives  of  any  degree 
as  teachers. 

13.  A  school  director  cannot  legally  become  a  teacher 
•in  the  district  in  which  he  holds  that  office.     See  section 
2G06,  General  Statutes  of  Colorado,  1883,  page  82. 

14.  The  power  to  employ  or  discharge  teachers  rests 
solely  with  the  school  board,  and  not  with  the  county  super- 
intendent or  directly  with  the  electors  of  the  district.    This 
applies  also  to  vacancies  that  may  occur  by  reason  of  sick- 
ness or  any  other  cause. 

15.  A  district  board  has  not,  in  law  or  equity,  a  right 
to  deliberately  create  a  condition  for  the  purpose  of  taking 

155 


§  124  DIRECTORS 

advantage  of  the  emergency  clause  in  that  section  of  the 
statute  which  provides  for  granting  and  endorsing  teachers' 
certificates. 

16.  It  is  illegal  for  a  board  of  directors  to  employ  a 
person  to  teach  who  has  no  certificate,  as  no  legal  contract 
can  be  made  between  the  board  and  such  person;  and  the 
fact  that  no  salary  is  drawn  would  not  make  the  transaction 
legal.    A  school  so  taught  could  not  be  considered  a  public 
school,  nor  could  the  months  so  taught  be  counted  in,  or 
reported  as,  months  of  public  school  work.     School  directors 
cannot  officially  employ  a  teacher  to  teach  a  private  school; 
and  there  is  no  way  whereby  public  school  work  and  private 
school  work  can  be  combined,  or  private  school  work  legal- 
ized as  public  school  work,  or  a  private  teacher  be  con- 
sidered a  public  school  teacher. 

17.  Every  member  of  a  school  board   has   an   equal 
voice  in  employing  teachers;  and  the  decision  of  a  majority 
rules  in  this  as  in  all  other  matters. 

18.  One  member  of  a  school  board  cannot  legally  em- 
ploy a  teacher,  even  though  a  meeting  has  been  called  for 
the  purpose  and  notice  of  it  sent  to  other  members  of  the 
board.     If  the  failure  to   attend  arises  from  a  deliberate 
intention   to   prevent  a   legal   meeting   of   the   board   such 
members  can  be  compelled  to  attend  by  legal  process. 

19.  A  teacher  is  not  required  to  do  janitor  work  in 
this  state  unless  the  contract  into  which  he  has  entered^ 
with  the  district  board  distinctly  states  that  such  shall  be' 
the  case. 

20.  A  contract  between  a  teacher  and  his  substitute  is 
not  binding  upon  the  board  of  directors. 

21.  The  appellate  courts  of  this  state  have  never  de- 
cided the  question  of  the  legality  of  a  school  board  to  con- 
tract with  teachers  before  the  annual  election  establishes  a 
new  board  of  school  directors. 

22.  In  case  two  members  of  the  board  at  a  legally  held 
meeting  of  the  board  voting  a  certain  sum  as  the  teacher's 
salary,   written    notice   of   such   action   being   sent   to   the 
teacher,  the  notice  is  binding  upon  the  board  and  equal  to 
a  contract. 

23.  If  a  school  board  makes  a  legal  contract  either 
verbal  or  in  writing  with  a  teacher,  providing  for  his  re- 
election and  specifying  the  salary  he  is  to  receive,  the  board 
could  not  at  a  later  meeting  change  its  action. 

156 


DIRECTORS  §  124 

Teacher's  report. 

24.  No  part  of  the  last  month's  salary  of  a  teacher 
should  be  paid  until  the  reports  required  by  law  are  made 
and  filed  according  to  specifications. 

School  furniture  and  supplies. 

25.  No  member  of  a  district  board  has  any  right  what- 
ever to  purchase  coal  or  other  school  supplies,  without  being 
ordered  to  do  so  by  a  majority  vote  of  the  members. 

2G.  A  school  board  of  a  district  of  the  third  class  has 
a  legal  right  to  purchase  desks  for  a  school  building  without 
a  vote  of  the  electors  of  the  district. 

27.  School  directors  of  a  district  of  the  third  class  may 
purchase  an  organ  for  the  use  of  the  school  and  pay  for 
it  out  of  the  special  fund.     The  general  fund  cannot  be 
used  for  that  purpose,  unless  there*  is  a  balance  remaining 
after   paying  all   expenses   necessary   to   support  a   public 
school  for  ten  months  in  any  one  year. 

Discharge  teachers. 

28.  Two  members  of  a  school  board  at  a  legally  called 
meeting  have  a  right  to  dismiss  a  teacher;  but  a  teacher 
having  a  contract  with  the  board  cannot  be  dismissed  with- 
out good  cause. 

29.  It  is  not  legal  for  a  school  board  to  retain  a  teacher 
whose  certificate  has  expired  if  the  term  of  school  for  which 
such  teacher   is  employed  extends  more  than  one  month 
after  such  expiration,  as  the  law  definitely  states  that  a 
new  certificate  shall  be  secured.     The  endorsement  of  the 
certificate  should  read  "Good"  until  the  next  regular  county 
examination. 

30.  In  order  to  sustain  charges  of  immorality  or  in- 
competency,  specific  acts  must  be  shown  and  supported  by 
affidavits  or  witnesses.    If  satisfied  that  the  charges  can  be 
sustained  by  proof,  the  proper  course  for  the  board  is  to 
bring  the  matter  to  the  attention  of  the  county  superin- 
tendent,  with   the   request  that  he   revoke   such   teacher's 
certificate. 

31.  If  a  teacher  employed  in  the  schools  is  incompetent 
to  give  instruction  in  any  of  the  subjects  provided  in  the 
course  of  study  for  that  district,  the  board  of  directors  would 
have  cause  for  discharging  such  teacher. 

32.  A  school  board  may  dismiss  a  teacher  for  incom- 
petency  or  immorality.     A  county  superintendent  may  re- 
voke a  certificate  of  any  kind  at  any  time  for  immorality, 
incompetency  or  any  just  cause. 

157 


§  124  DIRECTORS 

33.  The  laws  of  this  state  make  it  impossible  for  a 
school   board   to   discharge   a  teacher  without  some   cause 
that  would  be  considered  in  the  courts  a  sufficient  reason 
for   breaking   the    contract   between    the   teacher   and    the 
school  board.     Incompetency,  immorality,  drunkenness,  etc., 
are  the  reasons  that  have  been  held  sufficient. 

Fix  salary. 

34.  A  teacher  employed  at  a  stipulated  salary,  can  be 
paid  only  by  warrants  drawn  by  the  district  secretary,  and 
must  take  them  for  what  they  are  worth.     It  would  not  be 
proper  for  the  board  to  make  up  any  discount  by  an  ad- 
ditional warrant.     The  board  might,  however,  increase  the 
salary  at  a  regular  meeting  so  as  to  cover  such  deficiency. 

35.  When  school  district  warrants  are  sold  at  a  bank 
or  elsewhere  and  a  discount  is  charged,  the  holder  of  the 
warrant  must  bear  the  loss. 

36.  A  teacher's  only  recourse  against  a  school  board 
that  refuses  to  issue  a  warrant  for  salary  is  through  the 
courts. 

37.  When  a  county  superintendent  calls  a  county  insti- 
tute or  teachers'  association,  he  has  not  the  right  to  rule 
that  the  district  must  pay  the  teacher  the  same  as  if  she 
had  taught  school,  although  the  school  board  has  the  right 
to  allow  the  teacher  such  a  day  and  pay  her  for  it  upon 
the  request  of  the  county  superintendent,  but  the  authority 
in  the  matter  rests  with  the  district  board. 

38.  A  certificate  to  teach  cannot  be  revoked  by  a  county 
superintendent  without  having  good  and  sufficient  reasons 
for  so  doing.    Alleged  exorbitant  wages  named  in  a  contract 
between  the  teacher  and  the  directors  of  a  district  would  not 
be  lawful  reason  for  revoking  a  certificate  unless  fraud  of 
some  kind  could  be  shown. 

39.  The  directors  of  a  district  have  no  legal  right  to 
make  a  contract  with  a  teacher  to  pay  wages  in  excess  of 
the  revenues  for  the  year. 

40.  A  teacher  can  draw  her  wages  during  the  time  that 
a  school  is  closed  on  account  of  an  epidemic. 

Compensation  allowed  secretary. 

41.  While  the  law  states  that  district  boards  shall  fix 
the    amount    of    the    secretary's    salary,    if    the    secretary 
rendered  his  services  without  such  salary  being  fixed,  or 
without  demanding  it  at  the  time,  he  could  not  later  claim  it. 

42.  The  secretary  is  the  only  officer  of  a  district  school 
board  whom  the  law  allows  to  draw  pay  for  his  services, 
and  his  pay  is  fixed  by  the  board. 

158 


DIRECTORS  §  124 

43.  A  school  board  has  the  right  to  fix  the  compensa- 
tion to  be  allowed  the  secretary  for  the  time  necessarily 
spent  in  the  service  of  the  district;   provided,  always,  that 
the  board's  provision  for  such  compensation  is   just  and 
reasonable  and  in  compliance  with  the  law. 

44.  If  a  secretary  of  a  school  board  should  falsify  his 
records,  he  would  violate  his  bond. 

Powers  of  board. 

45.  As  the  president  of  the  board  is  a  member  of  the 
board,  with  all  of  the  privileges  to  which  such  members  are 
entitled,  he  can,  although  the  presiding  officer  of  the  board, 
make  or  second  a  motion,  state  it  from  the  chair,  and  vote 
on  the  same. 

46.  The  length  of  residence  required  in  Colorado  to 
constitute  eligibility  to  the  office  of  school  director  is  twelve 
months. 

47.  A  school  board  does  not  have  to  carry  out  all  mo- 
tions made  and  carried  at  the  annual  meeting  of  electors 
unless  such  motions  cover  matters  upon  which  the  electors 
are  entitled  to  pass. 

Illegal  action  ~by  "board. 

48.  If  the  electors  of  a  district  are  dissatisfied  with  the 
action  of  the  board,  they  have  the  privilege  of  enjoining 
the  board  from  taking  said  action. 

49.  The  law  gives  the  right  to  the  school  board  to  say 
how  many  months  of  school  shall  be  held  in  excess  of  the 
months  required  by  law,  and  also  the  right  to  fix  the  sal- 
aries of  the  teachers  employed.    The  electors  have  no  right, 
legally,  to  call  a  meeting  to  vote  upon  either  of  these  ques- 
tions, and  if  such  a  meeting  was  held,  the  school  board 
could  not  be  compelled  to  attend,  or  to  act  in  accordance 
with  the  action  taken  through  the  meeting. 

50.  A  school  board  has  no  authority  to  employ  an  in- 
terpreter in  Mexican  districts  to  help  out  a  teacher  who 
does  not  understand  the  Spanish  language. 

51.  A  member  of  the  school  board  may  be  compelled  by 
legal  process  to  perform  the  duties  of  his  office  as  specified 
in   the   law.     Any   elector  of  the   district,  member  of  the 
school  board  or  the  county  superintendent  can  institute  the 
proceedings. 

52.  A  member  of  a  school  board  may  be  removed  for 
malfeasance  in  office,  by  action  taken  in  the  courts. 

53.  It  is  illegal  for  two  members  of  the  board  to  trans- 
act business  that  has  not  been  decided  upon  at  a  regular 

159 


§  124  DIRECTORS 

or  special  meeting  of  the  board.  If  the  specifications  in 
regard  to  the  digging  of  the  weil  were  definitely  stated  at  a 
regular  or  special  meeting,  it  would  be  necessary  to  call 
another  meeting  of  the  board  to  change  those  specifications. 

54.  Directors  of  third  class  districts  have  no  authority 
to  sell  property  of  the  district  unless  instructed  to  do  so 
by  the  electors.    A  sale  without  such  direction  is  illegal. 

55.  If  the  actions  of  the  board  do  not  meet  the  approval 
of  the  electors,  the  latter  may  either  have  redress  through 
the  courts,  or,  in  certain  cases,  may  appeal  to  the  county 
superintendent  and  from  him  to  the  state  board  of  educa- 
tion. 

56.  If  the  school  board  of  directors  refuse  to  carry  out 
the  valid  instructions  of  the  electors  of  the  district,  they 
can  be  compelled  to  do  so  by  court  proceedings  in  the  nature 
of  a  writ  of  mandamus. 

Vaccination  authorized  by  county  board  of  health. 

57.  If  the  school  board  has  demanded  that  the  pupils 
of  a  school  be  vaccinated,  its  action  being  authorized  or 
required  by  the  county  board  of  health,  pupils  should  com- 
ply  with   the   requirements   made.      The    county   board   of 
health  is  expected  to  act  in  accordance  with  the  rules  and 
regulations  of  the  State  Board  of  Health,  and  also  to  see 
that  all  necessary  precautions  are  taken  in  the  schools  of 
their  counties  to  guard  against  contagious  diseases. 

Tuition. 

58.  Section    124   herein   provides   that   when   a   pupil 
resides  remotely  from  the  school  house  in  his  district,  and 
a  school  house  is  more  accessible  in  an  adjoining  district, 
he  shall  be  permitted  to  attend  the  latter  and  be  granted 
the   same   privileges   as    a   resident    pupil.      This    right   is 
mandatory  on  both  boards  of  directors,  and  can  only  be 
defeated  on  the  ground  of  insufficient  room  in  the  latter 
district,  and  the  board  of  his  district  is  obliged  to  pay  the 
tuition  agreed  upon  by  the  two  boards,  or,  upon  their  failure 
to  agree,  that  fixed  by  the  county  superintendent. 

59.  The  payment  of  tuition  for  the  school  privileges 
afforded  to  children  attending  outside  of  their  own  district 
is  a  matter  which  the  boards  of  the  respective  districts  must 
arrange  between  themselves;  and  if  they  cannot  agree  then 
the  county  superintendent  must  decide. 

GO.  A  person,  having  attained  the  age  of  twenty-one 
years,  is  not  thereby  debarred  from  school  privileges,  but 
the  board  may  require  tuition  of  him.  This  ruling  applies 

1GO 


DIRECTORS  §  124 

to  those  who  may  have  been  under  the  age  of  twenty-one  at 
the  time  the  last  school  census  was  taken. 

61.  If  the  home  of  a  family  is  certified  to  be  in   a 
district,  and  the  children  have  been  listed  upon  the  school 
census  of  that  district,  the  children  would  have  the  right 
to  attend   the   school   without  tuition,   even   if  the  family 
spends  a  large  part  of  the  year  elsewhere.     In  the  case  of 
pupils  attending  before  the  family  moves  into  the  district 
for  the  winter,  the  same  rule  would  apply. 

62.  If  a  district  is  the  declared  home  of  the  family, 
and    the    children    have    been    previously    listed    upon    the 
census  list,  they  would  have  the  right  to  attend  the  school 
without  tuition,  even  if  the  remainder  of  the  family  were 
at  present  residing  elsewhere. 

63.  A  resident's  objection  to  the  attendance  at  school 
of  a  child  from  another  district  is  of  no  effect,  provided  the 
board  of  directors  is  willing  to  permit  such  attendance. 

64.  In  regard  to  whether  a  person  living  in  a  district 
where  there  are  two  schools  has  a  right  to  send  his  children 
to  either,  the  matter  should  be  controlled  by  the  local  board 
of  directors  the  same  as  is  done  in  cities  where  the  boards 
control  the  sending  of  children  to  the  different  city  buildings. 

65.  The  school  board  of  a  district  has  the  right  to 
exclude  children  from  other  districts  on  account  of  lack  of 
room,  and  to   require  tuition  for  pupils  who   live  outside 
the  district. 

Fix  course  of  study — special  branches — admittance. 

66.  It  is  the  duty  of  the  teacher  to  teach  whatever 
branches  may  be  specified  by  the  school  board,  since  that 
body  is  given  the  right  to  establish  a  course  of  study  for 
the  school  of  its  district.    If  the  teacher  has  failed  to  teach 
the  branches  requested  by  the  board,  it  would  probably  not 
be  sufficient  reason  for  the  board  refusing  to  sign  the  war- 
rant for  her  services  as  teacher  for  the  time  she  has  been 
employed  in  the  school,  yet  it  is  possible  that  it  might  be 
held  as  sufficient  grounds  for  the  dismissal  of  said  teacher. 

67.  The  school  board  of  a  district  has   the   right  to 
forbid  tne  reading  of  the  Bible  in  the  schools  of  the  district, 
under  the  provisions  of  section  124  herein,  which  provides 
that  the  school  board  shall  have  power  to  fix  the  course  of 
study,  the  exercises  and  the  text  books  to  be  used  in  the 
schools  of  the  district. 

68.  Article  IX,  section  7,  of  the  constitution  of  Colo- 
rado,   prohibits   the   use   of   public   school   money   for   the 
teaching  of  sectarian  tenets  or  doctrines.     It  is  therefore 

161 


§  124  DIRECTORS 

unlawful  for  a  board  of  directors  to  require  a  teacher  to 
devote  any  part  of  any  school  day  to  religious  instruction. 

69.  A  school  board  would  have  the  right  to  require 
work  above  the  eighth  grade  to  be  done,  providing  there 
was  nothing  in  the  contract  made  with  the  teacher  which 
would  give  her  the  right  to  object  to  doing  such  work. 

70.  Since  the  school  board  has  full  authority  to  make 
rules  and  regulations  concerning  the  management  of  the 
schools  in  a  district,  the  board  would  have  the  right  to  fix 
the  times  when  beginners  might  be  permitted  to  enter  the 
schools. 

71.  A  school  board  has  the  right  to  make  the  regula- 
tions concerning  the  admittance  of  pupils  to  a  certain  grade 
of  the  school  when  the  fall  term  commences,  said  pupils 
having  failed  to  pass  the  examination  given  in  the  spring, 
and  also  to  authorize  the  principal  to  make  such  rules  and 
regulations  and  to  enforce  them  as  if  made  by  the  board  as 
a  body. 

72.  The  law  makes  the  same  requirements  of  the  prin- 
cipal or  teachers  of  a  county  high  school  as  of  any  school 
of  high  grade.     Therefore,  a  special  certificate  covering  the 
high  school  branches   must  be  obtained  by  the   applicant 
who  expects  to  teach  in  a  county  high  school. 

73.  A  teacher  cannot  be  required  to  teach  instrumental 
music  in  a  school,  as  the  branch  is  not  one  included  in  the 
requirements  of  a  common  school  course. 

74.  As  between  school  directors  and  the  county  super- 
intendent, the  latter  has  advisory  powers  only  in  arranging 
course  of  study,  selection  of  books  and  grading  of  schools. 

75.  According  to  the  school  law  of  this  state,  the  board 
of  directors  of  a  school  district  has  the  right  to  prescribe 
the  course  of  study  for  the  school,  but  cannot  be  compelled 
by  parents  to  include  higher  grades  than  the  eighth.     If 
the  board  prescribes  that  certain  high  school  or  ninth  or 
tenth  grade  studies  shall  be  taught,  it  may  be  done,  but  it 
is  not  expected  that  such  work  shall  be  a  part  of  the  course 
in  the  district  school  if  it  interferes  with  the  work  of  the 
lower  grades. 

76.  The  law  does  not  permit  the  establishment  of  a 
high  school  in  an  ordinary  third  class  district,  nor  does 
it  prohibit  the  introduction  of  certain  branches  that  are 
termed  high  school  branches,  but  the  law  gives  the  entire 
authority  in   regard  to  fixing  the  course  of  study  to  the 
board  of  directors.     The  teacher  would  have  no  right  to 
introduce   high   school   work   in   the   school    unless   so    in- 
structed by  the  school  board. 

162 


DIRECTORS  §  124 

Text  books.' 

77.  In  case  of  a  new  district  formed  from  one  in  which 
text  books  are   furnished  free,  the  question  of  supplying 
free  text  books  in  such  new  district  must  be  submitted  to 
a  vote  of  the  people. 

78.  If  a  school  board  purchase  books  to  be  used  by  the 
pupils  of  the  district,  such  books  are  for  the  use  of  pupils 
attending  school  within  such  district,  and  for  no  other.     If 
residents  of  the  district  see  fit  to  send  their  children  into 
adjoining  districts,  they  cannot  compel  the  district  in  which 
they  reside  to  furnish  the  text  books  for  their  children. 

79.  The  board  of  directors  must  furnish  books  for  all 
pupils  when  instructed  to  do  so  by  a  majority  vote  of  the 
electors   voting   as   expressed    at   any   regular   meeting   or 
special  meeting  called  for  that  purpose. 

80.  The  fact  that  a  district  has  voted  to  furnish  free 
text  books  to  its  school  children,  and  has   done  so  for  a 
number  of  years,  does  not  permanently  bind  the  district 
so  to  furnish  the  text  books.     If  brought  up  in  the  manner 
prescribed  by  law,  the  district  may  again  vote  upon  the 
matter. 

81.  When  a  pupil  leaves  a  school  where  free  text  books 
are  furnished,  he  has  no  right  to  take  home  with  him  and 
keep  text  books  belonging  to  the  district. 

82.  Colorado  does  not  have  a  uniformity  of  text  books. 
The  school  law  provides  that  the  board  of  directors  in  the 
different  districts  may  determine  the  kind  of  text  books  to 
be  used. 

83.  County  officials  have  no  authority  to  purchase  text 
books  for  the  schools  of  the  county,  using  school  money  for 
that  purpose,  nor  have  such  officials  the  right  to  adopt  text 
books  for  use  in  such  schools  and  require  the  various  dis- 
tricts to  pay  for  the  same.    The  school  board  determine  the 
kind  of  text  books  to  be  used,  and  can  only  furnish  free 
text  books  for  the  use  of  all  pupils  when  authorized  to  do 
so  by  the  majority  vote  of  the  district. 

84.  In  order  to  vote  on  the  question  of  free  text  books 
at  the  annual  school  election,  it  will  be  necessary  to  include 
in  the  annual  election  notice,  a  statement  specifying  the 
time  of  such  voting. 

School  houses — rent — repair — build — remove. 

85.  The  district  board  has  the  right  in  emergencies  to 
permit  the  location  of  the  school  to  be  changed  temporarily, 
although  it  is  expected  that  in  this  as  in  all  other  matters 
the  welfare  of  the  whole  district  will  be  considered. 

163 


§  124  DIRECTORS 

86.  The  site  for  a  school  building  in  districts  of  the 
third  class  can  be  selected  or  changed  only  by  majority  vote 
of  the  electors  at  annual  meeting,  or  at  a  special  meeting 
legally  called. 

87.  When  the  electors  of  a  school  district,  at  a  legal 
meeting,  vote  to  erect  a  building  on  the  school  site  of  the 
district  to   be   used   as   a  teacher's   residence,   and   vote   a 
special  tax  for  that  purpose,  such  action  legally  authorizes 
the  directors  of  the  district  to  contract  for  the  erection  of 
such  a  building. 

88.  Directors  of  first  and  second  class  districts  have  a 
right  to  sell  a  school  building  when  directed  so  to  do  by 
the  electors  at  a  special  meeting  called  for  that  purpose. 
Such  sale  should  be  made  in  the  manner  prescribed  by  the 
directors,  which  should  be  at  public  sale  after  proper  adver- 
tisement. 

89.  The  power  to  fix  the  site  for  school  houses  neces- 
sarily includes  the  power  to  fix  the  location  of  the  school, 
and  after  a  majority  of  the  voters  of  the  district   (third 
class)  have  decided  to  have  the  site  of  the  school  house  in 
a  certain  portion  of  the  district,  it  would  hardly  be  held 
as  within  the  power  of  the  board  to  defeat  the  will  of  the 
electors  by  establishing  a  school  in  some  other  place. 

90.  Under  certain  conditions  other  buildings  than  the 
school  house  may  be  used  for  school  purposes  if  the  board 
so  desires. 

91.  School  must  be  held  in  a  building  situated  within 
the  boundaries  of  the  district. 

92.  The  departments  of  a  school  cannot  be  legally  con- 
sidered as  separate  schools. 

93.  While  a  school  board  would,  if  they  felt  so  disposed, 
have  a  right  to  establish  a  summer  school,  they  would  not 
have   the    right   to    limit   the    attendance   to    those   pupils 
recommended  by  the  teachers,  and  some  others,  and  require 
those  who  desire  to  attend  the  school  without  the  recom- 
mendation to  pay  their  own  tuition.     It  would,  however,  be 
legal  to  establish  such  a  school  for  certain  grades,  limiting 
the  attendance  to  the  specified  grades. 

94.  The    directors    of    third    class    districts    have    no 
authority  either  to  build  a  new  school  house  or  an  addition 
to  an  old  one  unless  directed  to  do  so  by  a  vote  of  the 
electors. 

95.  If  a  majority  of  the  legal  voters  of  a  third  class 
district  at  a  special  meeting  legally  called  decide  that  a 
school  house  shall  be  moved,  it  becomes  obligatory  on  the 
part  of  the  board  to  move  the  building.     If  they  do  not, 

164 


DIRECTORS  §  124 

the  voters  can  compel  them  by  mandamus  to  move  it.  The 
school  house  does  not  have  to  stand  thirty  days  after  the 
majority  of  voters  have  decided  to  move  it. 

96.  A  board  of  directors  of  a  third  class  district  cannot 
sell,  remove  or  tear  down  a  school  house  unless  so  directed 
by  a  vote  of  the  electors. 

97.  The  directors  of  a  school  district  cannot  legally 
purchase   a   school   site   without   a   favorable   vote   of   the 
electors. 

98.  The  qualified  electors  when  assembled  at  a  special 
meeting,  duly  called,  have  the  power  to  fix  the  site  for  the 
school    house,    taking    into    consideration    the    wants    and 
necessities  of  the  people  of  each   portion  of  the  district. 
There  is  no  authority  in  law  giving  the  privilege  to  build 
upon  school  land  without  first  receiving  a  grant  from  the 
state  land  board.    Upon  application  to  the  register  of  such 
board,  accompanied  with  plat  and  field  notes  of  the  survey, 
one  acre  will  be  granted  your  district  for  school  purposes. 

99.  When  a  building  is  to  be  used  for  school  purposes 
the    board    has    no    authority    to  build   such  addition   or 
school  room  except  when  directed  to  do  so  by  a  vote  of 
the  district. 

100.  A  district  board,  having  already  constructed  and 
furnished  a  school  building,  may  subsequently  erect  a  coal 
house  or  other  simple  outbuilding,  for  the  convenience  of 
the  school,  without  a  special  vote  of  the  electors,  the  out- 
building to  be  considered  an  appurtenance  or  appendage 
of  the  school  building. 

101.  If  the  electors  of  a  school  district  have  voted  the 
specifications  in  regard  to  building  a  school  house,  the  site 
being  definitely  selected,  the  board  of  directors  could  not 
legally  change  these  specifications,  and  it  would  be  neces- 
sary  to   call   another  meeting   of   the   electors   if   thought 
desirable  to  make  a  change. 

102.  In  building  a  school  house  the  board  of  directors 
must  keep  within  the  appropriation  of  the  electors.   If  it  is 
desired  to  spend  more  money  than  the  original  appropria- 
tion, a  meeting  of  the  electors  must  be  held  to  determine 
whether  they  will  authorize  the  additional  expenditure. 

103.  The  law  does  not  specify  the  manner  in  which  a 
school  board  shall  proceed  in  the  matter  of  building  a  school 
house  or  whether  such  board  shall  advertise  for  bids  or  not. 
The  board  is  permitted  to  exercise  discretion  in  the  matter, 
having  in  view  at  all  times  the  best  interests  of  the  district. 

104.  A  school  board  has  the  right  to  lease  a  building 
for  school  purposes  for  one  or  more  years. 

165 


§  124  DIRECTORS 

105.  Whether  the  directors  build  one  or  more  school 
houses  is  purely  a  matter  to  be  determined  by  the  electors 
of  the  district,  such  authority  being  conferred  upon  them  by 
the  statutes,  and  the  connty  superintendent  has  no  authority 
to  control  such  discretion. 

106.  The  board  of  directors,  in  leasing  an  unused  school 
house,  have  the  power  to  insert  in  the  lease  the  purpose  for 
which  said  building  shall  not  be  used. 

107.  The  question  of  constructing  a  high  school  build- 
ing in  a  district  of  the  first  class  must  be  submitted  to  a  vote 
of  the  qualified  electors  of  the  district. 

108.  If  the  question   of  the   selling  or  the   minimum 
selling  price  of  the  school  house  was  not  determined  by  the 
electors,  it  would  be  wiser  for  the  directors  to  sell  at  public 
sale. 

Custodians  of  school  property. 

109.  The  boar.d  of  directors  is  custodian  of  the  school 
property,  and  may  permit  the  use  of  the  school  house  for 
other  than  strictly  school  purposes,  if  such  purposes  are  not 
detrimental  to  the  morals  of  the  community  or  injurious  to 
the  school  buildings.     Should  any  money  be  derived  from 
such  sources,  it  should  be  considered  part  of  the  school  fund. 
If  the  school  property  is  being  injured  or  the  purpose  for 
which  the  building  is  used  is  improper,  any  elector  can  take 
legal  proceedings  to  remedy  such  matters.    , 

110.  A   district  baard   has   the   control    of   the   school 
house,  and  cannot  be  compelled  to  open  the  house  for  other 
than  school  purposes,  even  though  the  citizens  of  the  district 
so  request. 

111.  As  the  school  board  of  any  district  has  the  control 
of  the  school  house,  if  the  board  sees  fit  to  permit  the  use  of 
the  school  house  for  a  subscription  school  it  has  the  right  to- 
do  so.    It  may  also  permit  the  use  of  the  text  books  owned 
by  the  district.    It  has  no  right  to  permit  the  use  of  the  dis- 
trict's firewood  or  to  in  any  way  make  an  expenditure  of  the 
district's  money  for  the  subscription  school. 

112.  If  the  directors  authorize  the  use  of  the  school 
house  for  election  purposes,  the  teacher  is  entitled  to  pay  for 
time  thereby  lost. 

Suspend  or  expel  pupils. 

113.  In  the  absence  of  any  rules  and  regulations  pre- 
scribed for  the  government  of  the  schools  by  the  board  of 
directors,  it  is  within  the  power  of  the  teacher  to  make  such 
reasonable  rules  and  regulations,  and  to  enforce  them,  in  the 
same  manner,  subject  always  to  the  supervision  of  the  board 
of  directors. 

166 


DIRECTORS  §  124 

114.  It  is  the  right  and  duty  of  a  school  board  to  ex- 
clude from  a  public  school  a  boy  of  school  age  who  is  an 
imbecile. 

115.  It  is  the  duty  of  the  board  of  directors  to  see  that 
school  children  are  vaccinated  when  required  to  do  so  by  the 
local  board  of  health. 

116.  Under  the  constitution  and  laws  of  this  state  the 
board  of  directors  of  any  district  have  power  to  establish 
reasonable  rules  and  regulations  for  the  government  of  the 
schools  under  their  charge,  for  controlling  the  conduct  of 
teachers  and  pupils,  not  only  while  in  the  school  room,  but 
while  going  to  and  fronn  the  school,  and  such  reasonable 
rules  and  regulations  may  be  enforced  by  suspension,  expul- 
sion or  corporal  punishment,  as  the  board  of  directors  may 
determine. 

117.  The  power  to  expel  or  suspend  a  pupil  from  the 
privileges*  of  the  schools  of  Colorado  is  conferred  by  law 
solely  and  exclusively  on  the  school  board,  and  no  teacher 
has  the  right  to  perform  that  act. 

118.  A  teacher  has   power  to  temporarily   suspend   a 
pupil,  at  least  long  enough  to  notify  the  board  of  the  causes, 
and  ask  that  such  pupil  be  suspended;  and  the  board  would 
be  justified  in  acting  upon  such  recommendation,  although 
the  teacher  would  have  no  power  himself  to  make  such  sus- 
pension. 

Number  of  teachers — time  employed. 

119.  The  law  gives  school  directors  the  sole  power  to 
arrange  the  length  of  the  term,  number  of  teachers  to  be 
employed,   grade   of  work  to  be   done,   etc.,   in  the   public 
schools  of  the  district. 

120.  A  school  board  has  the  right  legally  to  appropriate 
money  to  carry  on  a  second  or  third  school  to  be  located  in 
various  parts  of  the  school  district  when  the  location  of  the 
school  population  seems  to  demand  such  an  arrangement  to 
justly  provide  educational  privileges  for  the  greatest  pos- 
sible number  of  children  residing  in  the  district. 

121.  If  a  teacher  is  engaged  by  the  year  at  an  annual 
salary,  vacations  are  not  deducted.    If  he  is  employed  by  the 
month,  and  paid  a  fixed  sum  per  month,  vacations  are  de- 
ducted, if  there  is  no  contract'  to  the  contrary.     A  teacher 
could  just  as  lawfully  claim  pay  for  the  long  summer  vaca- 
tion as  for' the  customary  holiday  vacation. 

122.  A  teacher  cannot  be  legally  dismissed  before  the 
expiration  of  the  time  for  which  she  is  engaged  "without 
good  cause  shown,"  and  if  so  dismissed  she  can  collect  full 

167 


§  124  DIRECTORS 

salary;   Provided,   She  holds  herself  in  readiness  to  fulfill 
her  part  of  the  contract. 

123.  The  board  of  directors  has  no  right  to  deduct  from 
a  teacher's  salary  for  legal  holidays  occurring  during  the 
school  term. 

124.  A  teacher  may  collect  salary  for  the  number  of 
months  specified  in  the  contract  entered  into  with  the  board 
of  directors  of  the  school   district  where  he  teaches;   Pro- 
vided, The  directors  have  not  contracted  with  the  teacher  to 
pay  wages  in  excess  of  the  revenues  for  the  year. 

125.  If  a  teacher  is  ready  to  begin  school  at  the  time 
specified  in  his  engagement,  and  owing  to  neglect  of  duty 
on  the  part  of  the  school  board,  cannot  do  so,  he  is  not 
compelled  to  make  up  the  time  thus  lost,  but  is  entitled  to 
his  salary  from  the  time  specified  in  such  engagement. 

126.  There  is  no  law  authorizing  a  teacher  to  draw  his 
salary  for  the  two  weeks  spent   in  attending  the  normal 
institute. 

127.  If  the  board  of  directors  closes  the  term  of  school 
before  the  expiration  of  the  time  contracted  for,  the  teacher 
being  ready  to  fulfill  his  part  of  the  contract,  the  board  is 
liable  for  the  teacher's  salary  for  the  full  term  agreed  upon. 

128.  If,  with  the  consent  of  the  directors,  a  teacher 
holds  school  on  a  legal  holiday  to  make  up  for  a  day  lost, 
the  teacher  is  entitled  to  pay  for  the  full  month. 

129.  The  teacher  has  a  right  to  her  hour's  intermission 
at    noon,    providing    she    teaches    the    requisite    six    hours 
through  the  day.     She  is  required  to  teach  school  from  9 
a.  m.  until  4  p.  m.,  unless  the  board  gives  her  permission 
to  finish  at  an  earlier  hour. 

130.  When  a  teacher  begins  work  without  having  en- 
tered  into  a  definite  verbal  or  written  contract  with  the 
schaol  board  which  employs  her,  she  has  a  right  to  leave  the 
school  at  any  time,  and  the  school  board  has  the  right  to 
discharge  her  at  the  end  of  the  first  month's  work,  and  also 
to  employ  another  teacher. 

131.  A  school  board  cannot  compel  a  teacher  to  make 
up  time  lost  during  the  time  a  school  was  closed  because  of 
the    prevalence    of    a    contagious    disease;    Provided,    Said 
teacher  holds  himself  in  readiness  to  teach,  subject  to  the 
order  of  the  board. 

132.  To  be  entitled  to  his  salary  for  the  day,  the  teacher 
should  remain  in  the  school  room  after  the  hour  of  opening, 
both  forenoon  and  afterno-on,  a  sufficient  time  to  determine 
that  no  pupils  will  be  in  attendance. 

133.  Under  a  written  contract  with  a  school  board  to 
teach  a  ^stated  length  of  time,  a  teacher  is  entitled  to  com- 

1G8 


DIRECTORS  §  124 

pensation  for  the  full  time,  although  the  school  should  lapse 
by  reason  of  the  residents  leaving  the  district;  provided  the 
teacher  has  fulfilled  her  part  of  the  contract  and  expresses 
her  willingness  to  complete  the  requirements  of  her  agree- 
ment. 

134.  A  teacher  is  under  no  obligation  to  make  up  time 
lost  when  school"  is  closed  for  the  purpose  of  repairing  build- 
ings.    If  a  teacher  absents  himself  a  day  or  more  from  his 
work,  he  himself  being  responsible  for  the  loss  of  time,  he 
must  make  good  the  loss  of  time  or  forfeit  his  pay. 

135.  A  teacher  is  not  entitled  to  receive  pay  for  the 
time  lost  while  attending  a  teachers'  examination. 

136.  The  point  of  the  teacher's  failure  to  hold  himself 
in  readiness  to  teach  is  not  sufficient  cause  for  refusing  to 
pay  him  for  the  time  the  school  was  quarantined,  since  he 
was  there  when  his  services  were  required  and  the  board 
suffered  no  actual  damage  by  his  absence. 

Furnish  clothing  for  indigent  children. 

137.  There  is  no  law  authorizing  the  school  board  to 
pay  from  the  fund  the  board  of  children  who  live  a  distance 
from  the  school.     It  is  the  duty  of  the  school  board,  how- 
ever, if  the  parent,  by  reason  of  poverty,  cannot  properly 
clothe  the  child,  to  furnish  necessary  clothing  and  pay  for 
the  same  out  of  the  school  fund  by  warrant,  drawn  as  in 
other  cases,  but  even  this  fact  must  be  shown  to  the  satis- 
faction of  the  board. 

Use  of  district  funds. 

138.  The  school  funds  cannot  be  legally  used  for  de- 
fraying the  expenses  of  a  singing  school. 

139.  A  school  board  cannot  legally  loan  the  money  of 
the  district. 

140.  A   school   board    cannot   legally   contract   for   the 
work  of  instructing  high  school  pupils  to  be  done  by  a  pri- 
vate  party   or   corporation   and    pay    for   it   out   of   public 
school  funds. 

141.  A  director  of  a  school  board  has  no  right  whatever 
to  draw  money  from  the  funds  of  a  school  district  to  pay  for 
his  child's  board  while  attending  school  in  another  district. 
Any  member  so  misappropriating  the  funds  of  the.  district 
can  be  compelled  by  process  of  law  to  refund  the  money. 

142.  When  funds  are  used  in  violation  of  the  law,  any 
elector  of  the  district  or  any  county  superintendent  has  the 
right,  and  it  is  his  duty,  "at  any  time  after  said  funds  have 
been  so  used,  to  bring  suit  to  recover  the  same,  the  mem- 

169 


§124  DIRECTORS 

bers  of  the  school  board  that  signed  the  illegal  warrants 
being  liable  for  the  amount  involved. 

143.  '  If  an  attorney  is  employed  to  defend  an  action 
brought  against  the  district,  then  the  district  must  pay  his 
fees;   but  if  brought  against  the  individual  directors,  they 
must  pay  their  own  attorneys'  fees. 

144.  The  law  makes  no  provision  whereby  the  board  of 
directors  of  a  district  can  appropriate  school  money  to  pay 
special  teachers  for  the  pupils  of  said  district  who  are  un- 
able to  attend  the  regular  school. 

145.  In  regard  to  payment  for  transportation  of  pupils 
to  and  from  school,  there  is  no  direct  provision  of  the  law 
authorizing  such  action,  except  in  consolidated  districts;  but 
it  might  properly  be  done  by  unanimous  consent  of  all  the 
electors  paying  school  tax.    There  is  no  law  authorizing  the 
school  board  to  pay  from  the  fund  the  board  of  children  who 
live  a  distance  from  the  school;  but  the  board  can,  however, 
upon  a  unanimous  vote  of  the  tax-paying  electors,  pay  for 
such  board  from  the  special  fund. 

Special  levy. 

146.  In  any  district  of  the  third  class  a  levy  on  taxable 
property  must  be  made  by  the  qualified  voters  when  assem- 
bled at  any  regular  or  special  meeting,  and  such  levy  cannot 
be  made  by  board  of  directors. 

147.  There  is  no  limit  to  the  special  levy  in  first  and 
second  class  districts. 

148.  When  the  electors  have  voted  a  definite  special 
levy  for  building  a  school  house,  the  board  cannot  spend  in 
building  said  school  house  more  than  the  proceeds  of  said 
special  levy,  unless  so  directed  by  the  electors. 

149.  The  right  to  levy  a  1-10  of  a  mill  tax  for  library 
purposes  in  school  .districts  rests  entirely  with  the  school 
board.    A  vote  of  the  electors  of  the  district  is  not  necessary 
for  this  purpose. 

Debts. 

150.  A  member  of  the  board  has  no  authority  to  con- 
tract any  indebtedness  against  the  district,  as  contracts  of 
such  indebtedness  can  only  be  made  by  a  majority  of  the 
board  at  a  regular  meeting. 

151.  A  debt  can  only  be  contracted  by  a  majority  of  the 
members  of  the  board  at  a  regular  meeting,  or  at  a  special 
meeting  called  for  that  purpose;  and  as  the  auditing  of  bills 
is  entirely  separate  from  contracting  them,  it  follows  that 
they  must  be  performed  at  different  times. 

170 


DIRECTORS  §124 

Payment — general  fund. 

152.  It  is  legal  to  draw  on  the  general  fund  to  pay  the 
janitor  who  is  employed  in  a  school. 

153.  The  general  fund  may  be  used  for  building,  fur- 
nishing or  erecting  additions  to  school  houses,  or  for  im- 
proving the  school  house,  sites  or  lots,  only  after  the  expense 
of  maintaining  the  school  for  a  period  of  ten  months  is  one 
year  shall  actually  have  been  paid. 

154.  The  general  fund  may  be  used  only  for  teachers' 
wages  and  necessary  current  expenses  until  the  school  has 
been  conducted  for  a  period  of  ten  months  in  one  year. 

155.  All  moneys  remaining  to  the  credit  of  any  district 
on  June  30  should  remain  to  the  credit  of  such  district,  and 
cannot  be  turned  into  the  general  school  fund  of  the  county 
for  reapportionment. 

Payment — special  fund. 

156.  Insurance  premiums  and  attorney's  fees  are  not 
expenses  "incidental  to  the  support  of  a  public  school,"  and 
therefore  must  not  be  paid  from  the  general  fund,  but  from 
the  special  fund  only. 

157.  If  any  surplus  funds  remain  in  the  special  fund 
over  what  is  necessary  to  meet  the  regular  current  expenses 
of  the  district,  such  surplus  may  be  used  to  pay  past  indebt- 
edness. 

Contracts  other  than  teachers'. 

158.  A  school  board  can  legally  let  a  contract  to  a  man 
whose  wife  is  a  member  of  the  school  board,  as  the  fact  that 
the  wife  is  a  member — and  is,  therefore,  excluded  from  being 
a  party  to  a  contract  with  the  district — would  in  no  way 
affect  the  husband,   who   is  not  a  member  of  the  school 
board. 

159.  A  contract  made  and  agreed  to  by  the  majority  of 
a  school  board  at  a  regular  meeting,  of  which  due  notice 
has  been  given,  is  a  legal  contract  if  properly  entered  into 
in  all  respects.     It  is  not  in  the  power  of  one  member  of  a 
board  to  block  the  action  of  the  board  by  his  refusal  to  do 
his  duty. 

160.  A  contract  made  with  the  president  and  treasurer 
of  a  school  board  would  be  legal,  even  if  there  is  a  vacancy 
in  the  office  of  secretary;  and  a  warrant  signed  by  the  above- 
named  members  under  the  circumstances  mentioned  should 
be  considered   a  sufficient  warrant  for  recognition   by  the 
county  treasurer. 

171 


§§125-126  DIRECTORS    • 

161.  When  a  contract  is  reduced  to  writing,  it  is  sup- 
posed to  express  the  intention  of  the  parties;  and  when  such 
intention  is  clear  it  cannot  be  changed  by  oral  evidence. 

Board  of  health. 

162.  The  authority  of  the  board  of  health  is  paramount 
to  that  of  a  school  board,  and  if  the  board  of  health  passes 
a  regulation  requiring  vaccination  of  pupils  as  a  prerequisite 
to  admission  to  the  school,  it  is  the  duty  of  the  school  board 
to  carry  into  effect  such  regulation. 

163.  A  by-law  providing  that  any  pupil  infected  with 
smallpox,  scarlet  fever,  diphtheria  or  any  other  contagious 
disease,  should  be  excluded  from  the  school  would  certainly 
come  within  the  powers  of  the  board  under  the  statutes. 
There  can  be  no  reason  why  a  by-law  providing  that  a  well- 
recognized  preventive  must  be  resorted  to,  under  pain  of 
exclusion   from   school,    would   not  be   equally   within   the 
powers  of  the  school  board. 

125.  Directors    make    financial    statement.      It 

shall  be  the  duty  of  the  boards  of  directors  of  all 
school  districts  in  school  districts  of  the  first  and 
second  class  in  the  several  counties  of  this  state  to 
publish  semi-annually,  within  twenty  days  after  the 
close  of  business  June  30th  and  December  31st  of 
each  year,  a  complete  report  of  the  financial  condi- 
tions of  said  school  district,  showing  all  receipts  and 
disbursements  from  each  and  every  fund,  so  item- 
ized as  to  give  the  general  public  definite  informa- 
tion as  to  the  financial  condition  of  said  district; 
such  publication  shall  be  made  once  in  a  newspaper 
of  general  circulation  printed  and  published  within 
said  district;  Provided,  That  if  there  be  no  news- 
paper published  within  said  district,  then  such 
publication  shall  be  made  once  in  a  newspaper 
having  a  general  circulation  within  said  district. 
—S.L.'ll,  p.  582 

126.  Directors  make  financial  statement  in  dis- 
tricts other  than  first  and  second.    It  shall  be  the 
duty  of  the  boards  of  directors  of  all  school  districts 


DIRECTORS  §  126 

in  districts  other  than  aforesaid  to  publish  a  com- 
plete report  annually  of  the  financial  condition  of 
their  districts  within  twenty  days  after  the  close 
of  business,  June  30th  of  each  year,  showing  all  re- 
ceipts and  disbursements  from  each  and  every  fund, 
so  itemized  as  to  give  the  general  public  definite  in- 
formation as  to  the  financial  condition  of  said  dis- 
trict; such  publication  shall  be  made  once  in  a  news- 
paper printed  and  published  in  said  district ;  pro- 
vided that  if  there  be  no  newspaper  published  in 
said  district,  then  such  publication  shall  be  made 
once  in  a  newspaper  having  a  general  circulation 
within  said  district.— S.  L.  '11,  p.  583 

127.  Penalty  for  failure  to  publish.  The  mem- 
bers of  any  school  board  who  shall  fail  or  refuse  to 
make  such  publication  as  aforesaid,  shall  be  sub- 
ject to  a  fine  not  to  exceed  one  hundred  dollars  for 
each  offense.— -s.  L.  '11,  p.  583 

DRINKING   CUPS    IN    SCHOOLS. 

Note:  Chapter  125,  Sess.  Laws  '11,  page  333,  provides 
that  it  shall  be  unlawful  for  any  person  or  board  having 
charge  of  public  places,  including  schoolhouses,  to  furnish 
any  cup,  or  permit  any  cup,  or  other  receptacle,  to  be  used 
promiscuously  as  a  common  drinking  cup,  or  to  allow  the 
same  to  remain  in  any  such  public  place  unless  there  shall 
be  adequate  provision  for  thoroughly  sterilizing  the  same; 
and  provides  that  any  person  violating  such  law  shall  be 
deemed  guilty  of  a  misdemeanor  and  be  fined  in  a  sum  not 
less  than  five  nor  more  than  two  hundred  dollars. 


173 


DISTRICTS 

DISTRICTS,  OFFICERS  AND   ELECTIONS 

128.  School   districts   to   be   bodies   corporate. 

Each  regularly  organized  school  district  heretofore 
formed,  or  that  may  be  formed,  as  provided  in  this 
chapter,  is  hereby  declared  to  be  a  body  corporate, 

by  the  name  and  style  of  "  School  District  No , 

in  the  county  of ,  and  State  of  Colo- 
rado," and  in  that  name  may  hold  property  and  be 
a  party  to  suits  and  contracts,  the  same  as  munici- 
pal corporations  in  this  state. — R.  s.  5913 

Lien  law  not  applicable  school  buildings. 
a.     The  provisions  of  the  mechanics  lien  law  cannot 
be  applied  to  public  school  buildings. — Florman  v.  School 
Dist.,  6  C.  A.  319 

School  property  held  in  trust. 

~b.  All  school  property  within  the  district  is  held  by 
the  board  of  directors  in  trust  for  the  district  for  the 
benefit  of  the  school. — Florman  v.  School  Dist.,  6  C.  A.  319 

Districts  established  one  year. 

1.  If  a  district  has  exercised  the  rights  and  enjoyed 
the  privileges  of  a  legally  and  regularly  established  district 
for  one  year  it  is,  according  to  law,  a  legal  district. 

129.  Legal  school  district — when  second  class 
districts  become  first  class.    Every  school  district  in 
the  state  which  now  'exercises  the  prerogatives  of  a 
school  district,  and  the  legality  of  whose  organiza- 
tion has  not  been  legally  denied,  and  which  has  a 
board  of  directors,  duly  qualified  according  to  law, 
and  has  exercised  the  rights  and  enjoyed  the  priv- 
ileges of  a  legally  and  regularly  established  district 
for  one  year,  shall  be,  and  is  hereby  declared  to  be, 

174 


DISTRICTS  §129 

a  legal  school  district,  and  all  district  officers  shall 
hold  office  until  their  successors  are  qualified.  When 
school  districts  of  the  second  class  shall  attain  a 
school  population  of  one  thousand  or  more,  as  shown 
by  the  annual  census,  at  the  next  regular  election 
thereafter,  as  provided  in  section  44  of  this  act 
(tli ore  shall  be  elected  one  director  for  three  years, 
;m<l  one  director  for  four  years,  and  one  director 
for  five  years,  and  annually  thereafter  one  director 
for  five  years),  as  provided  for  in  districts  of  the 
first  class ;  and  the  persons  so  elected,  together  with 
the  directors  whose  official  terms  have  not  expired, 
shall  constitute  the  new  board,  which  board  shall 
enter  upon  the  duties  prescribed  by  law  for  boards 
of  directors  of  districts  of  the  first  class. — R.  8.  591G 

Note.    Section  44  above  referred  to  is  section  142  herein. 
Census  showing  one  thousand — directors — election — appointment. 

Note.  That  portion  of  section  129  of  the  School  Laws  An- 
notated included  in  brackets  has  been  amended  by  implication 
by  sections  110  and  142  herein,  so  that,  in  case  the  census  of 
1912  should  show  a  thousand  or  more  children  of  school  age  in  a 
second  class  district,  it  would  be  the  duty  of  the  two  hold-over 
members  on  the  first  Monday  in  May  to  appoint  three  members 
of  the  board  to  serve  until  the  regular  election  of  1913,  at  which 
time  two  members  shall  be  elected  for  six  years,  one  member  for 
four  years  and  one  member  for  two  years.  In  case  the  census 
showed  such  number  of  children  in  1913,  then  two  members 
should  be  elected  for  six  years  and  one  for  four  years.  If  such 
showing  were  made  in  1914,  then  three  members  should  be  ap- 
pointed until  the  regular  election  of  1915;  and  then  and  there- 
after the  same  procedure  as  above  should  be  followed,  and  all 
vacancies  occurring  in  even  years  should  be  filled  only  until  the 
next  regular  biennial  election,  and  then  elected  in  numbers  and 
for  periods  of  time  to  correspond  with  the  provisions  of  section 
110  herein. 

First  class  falling  lelow  one  thousand. 
1.     If  a  district  was  organized  as  a  first  class  district  at 
one  time  and  should  later  fall  below  a  thousand  in  the  school 
population,  there  is  no  provision  of  law  for  changing  the 
number  of  electors  or  from  biennial  to  annual  election. 

175 


-131  DISTRICTS 

130.  Legal     districts — what     constitutes.      All 

school  districts  now  formed,  or  which  may  hereafter 
be  formed,  which  shall  continue  to  exercise,  undis- 
puted, the  prerogatives,  and  enjoy  the  privileges  of 
a  legally  formed  district,  for  the  period  of  one  year 
next  succeeding  the  election  of  its  officers,  shall  be 
deemed  to  be  a  legally  formed  district,  and  its  le- 
gality shall  not  thereafter  be  questioned. — R.  s.  5917 

School   district  operating  one  year. 

a.  The  provision  of  law  that  any  school  district  which 
shall  exercise  the  undisputed  prerogatives  and  enjoy  the 
privileges  of  a  legally  organized  district  for  a  year  shall  be 
deemed  to  have  been  legally  established  is  a  wholesome  and 
legitimate  statute  of  limitations  entirely  within  the  power  of 
the  legislature,  and  if  a  school  district  brings  itself  within 
such  terms  its  organization  cannot  be  questioned. — Shaw  v. 
LocJcett,  14  C.  A.  413 

ORGANIZATION   OF   DISTRICTS,  ETC. 

131.  Organization  of  new  districts — petition- 
unorganized  territory.    For  the  purpose  of  organiz- 
ing a  new  district  out  of  a  portion  of  one  or  more 
old  districts,  the  parents  of  at  least  ten  children  of 
school   age   residing   within  the  limits   of  the  pro- 
posed new  district,  shall  petition  the  county  super- 
intendent, in  writing,  which  petition  shall  describe 
the   boundaries   of  the   proposed    district,   and   the 
names  of  all  children  of  school  age  residing  in  such 
proposed  district  at  the  date  of  said  petition;  and 
said  list  of  names  shall  be  held  to  be  the  census  list 
of  said  district  until  the  next  regular  census  shall 
be  taken,  and  if  any  names  are  found  on  said  list, 
and  also  on  other  census  list  for  the  current  year, 
if  the  county  superintendent  is  satisfied   [that]  the 
children  so  named  are  bona  fide  residents   of  the 
proposed  district,  he  shall  strike  such  names  from  the 

176 


DISTRICTS  §  131 

lists  of  the  old  districts,  when  the  organization  of 
the  new  district  is  complete.  If,  in  the  judgment 
of  the  county  superintendent,  the. school  interest  of 
the  districts  affected  by  the  proposed  change  will 
be  best  promoted  by  said  change,  he  shall  direct 
some  one  of  the  petitioners  who  is  a  legal  voter,  to 
notify  each  elector  residing  within  the  district  so 
to  be  formed,  by  personal  service  as  far  as  conven- 
ient, and  to  post  a  notice  in  three  public  places  in 
said  new  district,  that  such  petition  has  been  made, 
and  that  a  meeting  will  be  held,  naming  the  time  and 
place  for  such  meeting,  to  determine  the  question  of 
the  proposed  organization.  People  living  upon  un- 
organized territory  may  organize  themselves  into  a 
school  district  at  any  time,  without  a  petition,  if 
a  majority  of  the 'legal  voters  residing  within  the 
proposed  district  shall  so  decide  at  a  meeting,  of 
which  reasonable  notice  has  been  given  to  all  resi- 
dent voters,  and  which  meeting  shall  be  conducted 
as  is  now  provided  by  law  for  the  organization  of 
new  districts;  Provided,  That,  in  addition  to  the 
copy  of  the  proceedings  now  required  by  law,  the 
secretary  shall  also  transmit  to  the  county  super- 
intendent a  certified  list  of  all  children  of  school 
age  who  are  residents  in  good  faith  in  said  district 
at  the  date  of  the  organization,  which  list  shall  be 
held  to  be  the  census  list  of  said  district  until  the 
next  regular  school  census. — R.  8.  5907 

Mandamus  not  control  discretion. 

a.  Mandamus  will  not  lie  to  control  the  discretion  of  a 
public  school  official. — Keefe  M.  <&  /.  Co.  v.  School  Dist.,  33 
C.  513 

State  board  cannot  change  boundaries. 

b.  The  state  board  of  education  has  no  power,  upon 
appeal  from  the  county  superintendent,  to  change  the  bound- 

177 


§  131  DISTRICTS 

aries  of  a  school  district  as  established  by  the  electors.— 
People  v.  VanHorn,  20  C.  A.  215 

Electors  fix  boundaries  new  district. 

c.  After  a  petition  to  organize  a  new  school  district 
out  of  a  portion  of  one  or  mare  old  districts  has  been  pre- 
sented to  the  county  superintendent,  and  he  is  determined 
that  the  school  interests  will  be  best  promoted  by  such 
organization,  the  sole  po-wer  to  determine  the  organization 
of  such  district  and  the  boundaries  thereof  is  vested  in  the 
electors;  and  such  a  district  cannot  be  organized  or  its  pro- 
posed or  established  boundaries  changed  by  the  board  of 
directors,  the  county  superintendent  or  the  state  board  of 
education. — People  v.  VanHorn,  20  C.  A.  215 

Organization — number  of  children. 

1.  A  new  district,  with  fewer  than  ten  persons' of  school 
age  residing  therein,  cannot  be  legally  organized  out  of  a 
portion  of  ane  or  more  old  districts. 

2.  Renters  renting  by  the  year,  and  having  no  other 
home,  may  send  their  children  to  the  school  in  the  district 
in  which  they  reside,  and  that  district  may  enroll  them;  or, 
in  other  words,  they  can  be  counted  among  the  ten  necessary 
to  farm  the  district. 

3.  In  the  organization  of  a  new  district,  it  is  legal  to 
take  cognizance  of  persons  of  school  age  residing  within  the 
limits  of  the  proposed  new  district,  whether  the  said  persons 
are  on  the  census  list  ar  not. 

4.  The  law  provides  for  no  definite  number  of  children 
in  order  to  organize  a  school  district  from  unorganized  terri- 
tory, nor  is  there  any  limitation  on  the  size  af  the  district. 

Territory — size — valuation — children. 

5.  No  district  shall  hereafter  be  divided  for  the  purpose 
of  forming  a  new  district — 

a.  Unless  it  contains  an  area  of  more  than  nine  square 
miles  and  has  forty  children  of  schaol  age,  and  the  portion 
remaining  contains  not  less  than  twenty  children  of  school 
age; 

ft.  Or  has  an  assessed  valuation  of  more  than  $20,000 
and  forty  children  of  school  age,  and  the  portion  remain- 
ing contains  twenty  persons  of  school  age. 

Organization — voters — petitions. 

6.  At  the  meeting  held  for  the  purpose  of  determining 
whether  or  not  a  new  district  shall  be  organized,  only  those 
living  within  the  boundaries  of  the  proposed  new  district 

178 


DISTRICTS  §131 

have  a  right  to  vote.  Those  living  in  the  district  or  districts 
from  which  the  new  district  is  to  be  formed  have  no  voice  in 
the  matter. 

7.  A  two-thirds  vote  of  the  electors  of  the  proposed  new 
district  is  necessary  in  order  to  organize  a  new  district  from 
old  districts. 

8.  It  is  not  required  by  law  that  the  petitioner  for  ter- 
ritory to  be  annexed  to  a  school  district  should  be  the  owner 
of  such  territory. 

9.  Organized  territory  cannot  be  legally  detached  from 
one  district  and  added  to  another  by  the  county  superin- 
tendent without  a  petition  from  the  residents  of  the  terri- 
tory, except  in  cases  where  the  boundaries  are  conflicting. 

10.  A  portion  of  unorganized  territory  may  be  annexed 
to  a  school  district  by  the  county  superintendent  upon  peti- 
tion of  the  majority  of  the  legal  voters  resident  within  the 
territory  to  be  so  annexed.  » 

11.  More  than  one  section  of  unorganized  territory  may 
be  added  to  the  district  upon  petition  to  the  county  super- 
intendent of  a  majority  of  the  legal  voters  within  the  terri- 
tory. 

Organization  optional  with  county  superintendent. 

12.  In  the  matter  of  the  presentation  of  a  petition  for 
the  organization  of  a  new  district,  the  statute  leaves  it  en- 
:irely  to  the  discretion  o-f  the  county  superintendent  whether 
>r  not  he  will  call  such  meeting,  or  whether  or  not  the  best 
nterest  of  the  districts  will  be  promoted  by  such  change. 
The  matter  is  not  subject  to  review  by  the  state  board  of 
ducation,  unless  it  appears  that  there  is  an  absolute  abuse 
yf  such  discretion. 

13.  It  is  not  within  the  province  of  the  state  superin- 
endent  to  take  any  part  whatever  in  the  organization  of  a 
lew  school  district,  but  as  a  member  of  the  state  board  of 
sducation  she  may  pass  upon  the  legality  of  such  organiza- 
io-n  on  appeal  from  the   decision  of  the  county   superin- 
endent. 

14.  The  matter  of  organizing  new  school  districts  is 
me  mainly  in  the  discretion  of  the  county  superintendent 
)f  schools,  subject  to  the  provisions  of  section  132  of  the 
jchool  law,  providing  that  no  city  or  town  shall  hereafter  be 
livided  into  two  or  more  districts,  and  the  districts  of  the 
Irst  class  shall  not  be  divided  except  upon  a  vote  of  the 
electors  of  the  district,  and  that  no  district  shall  be  divided 
or  the  purpose  of  forming  a  new  district  unless  it  contains 
nore  than  nine  square  miles,  or  an  assessed  valuation  of 
520,000  and  forty  children  of  school  age,  nor  unless  the  re- 

179 


§132  DISTRICTS 

maining  portion  of  the  district  shall  contain  twenty  or  more 
persons  of  school  age. 

15.  The  county  superintendent  has  the  right  to  exercise 
his  own  discretion  in  regard  to  the  annexation  of  a  portion 
of  one  district  to  another. 

16.  The  county  superintendent  is  under  no  obligation 
to    transfer   territory   from    one    district   to    another,    even 
though  a  petition  as  prescribed  by  law  has  been  presented  to 
him  asking  for  such  transfer.     He  will  change  boundary 
lines  only  when  in  his  judgment  the  educational  interests  of 
the  districts  affected  will  thus  be  best  promoted. 

132.  New  districts — how  organized — election  of 
directors.  The  qualified  electors  of  such  proposed 
new  district  when  assembled  in  accordance  with  the 
notice  above  required,  shall  organize  by  electing  a 
chairman  and  secretary.  Every  legally  qualified 
elector,  and  none  other,  shall  be  entitled  to  vote  at 
such  meeting.  After  the  organization  of  such  meet- 
ing, as  above  mentioned,  a  vote  shall  be  taken  by 
ballot  on  the  question  whether  or  not  the  proposed 
district  shall  be  organized.  Those  in  favor  of  or- 
ganization shall  vote  "yes,"  and  those  opposed 
"no."  If  two-thirds  of  the  legal  voters  so  voting 
are  found  to  be  in  favor  of  such  organization,  and 
not  otherwise,  the  meeting  shall  proceed  to  elect  by 
ballot  ai  board  of  directors  of  said  district,  who  shall 
hold  office  until  the  ensuing  regular  election,  as  pro- 
vided in  section  forty-four  of  this  act.  The  secre- 
tary of  said  meeting  shall  immediately  transmit  to 
the  county  superintendent  a  copy  of  the  proceedings 
of  the  meeting,  upon  receipt  of  which,  if  the  pro- 
ceedings are  found  to  have  been  in  accordance  with 
law,  he  shall  establish  and  number  such  district 
and  enter  a  record  of  the  same,  and  of  the  proceed- 
ings of  the  meetings,  as  provided  in  section  twenty- 
four  of  this  act;  Provided,  If  such  organization  of 

180 


DISTRICTS  §  132 

a  new  district  works  great  hardship  to  any  head  of 
a  family,  a  statement  of  the  facts  may  be  submitted 
to  the  superintendent,  and  two  disinterested  persons, 
one  to  be  named  by  the  superintendent  and  one  by 
the  person  affected,  and  if,  in  their  judgment,  good 
cause  be  shown  for  the  transfer,  he  may  be  trans- 
ferred to  another  district;  Provided,  further,  That 
no  district  shall  hereafter  be  divided  for  the  pur- 
pose of  forming  a  new  district,  unless  it  contains  an 
area  of  more  than  nine  square  miles  or  has  an  as- 
sessed valuation  of  more  than  twenty  thousand  dol- 
lars and  forty  children  of  legal  school  age,  nor  shall 
a  district  be  divided,  if  by  so  doing  the  remainder 
of  the  district  shall  be  found  to  contain  less  than 
twenty  persons  of  school  age,  and,  when  practi- 
cable, the  district  shall  conform  to  government 
lines;  Provided,  also,  That  no  city  or  town  shall 
hereafter  be  divided  into  two  or  more  districts,  nor 
shall  the  districts  of  the  first  class  be  divided,  ex- 
cept upon  a  vote  of  the  electors  of  the  district,  sub- 
mitted at  an  annual  election,  a  majority  of  all 
the  votes  cast  being  in  favor  of  such  division. 
— R.  8.  5908 

Note.  Sections  24  and  44  above  referred  to  are  sections  96 
and  144  herein. 

Tivo-thirds  vote  necessary  to  organize, 

1.  A  two-thirds  vole  of  the  electors  of  the  proposed 
new  district  is  necessary  in  order  to  organize  a  new  district 
from  old  districts. 

Territory — size — valuation — children. 

2.  No  district  shall  hereafter  be  divided  for  the  purpose 
of  forming  a  new  district — 

a.  Unless  it  contains  an  area  of  more  than  nine  square 
miles  and  forty  children  of  school  age,  and  the  portion  re- 
maining contains  not  less  than  twenty  children  of  school 


181 


§133  DISTRICTS 

&.  Or  has  an  assessed  valuation  of  more  than  $20,000 
and  forty  children  of  school  age,  and  the  portion  remaining 
contains  twenty  persons  of  school  age. 

3.  As  to  whether,  in  counting  the  number  of  pupils  left 
in  a  district  after  a  division  has  been  made,  the  count  is 
made  from  the  present  actual  residents  or  from  the  number 
contained  in  the  last  census  list,  clearly  it  is  expected  that 
twenty  persons  shall  actually  be  shown  to  be  residing  in  the 
district  after  the  division  is  made. 

Term  of  office  in  new  district. 

4.  Members  of  a  school  board  elected  in  a  new  district 
at  other  than  a  general  election  hold  over  until '  the  next 
regular  election,  at  which  time  a  president  should  be  elected 
whose  term  expires  in  1914,  a  treasurer  whose  term  expires 
in  1915,  and  if  such  regular  election  is  in  1912,  a  secretary 
should  be  elected  for  one  year  only;  but  if  such  election  is 
in  1913  or  later,  a  secretary  should  be  elected  whose  term 
expires  in  1916  or  every  three  years  thereafter. 

5.  When  new  school  districts  are  formed  out  of  an  old 
district,  that  portion  of  the   old  district  that  retains  the 
original  number  should  be  considered  the  old  district,  and 
any  member  of  the  school  board  residing  in  that  part  of  the 
old  district  that  continues  to  exist  as  the  old  district  should 
fill  out  his  full  term  for  which  he  was  originally  elected. 

Family  transferred  back  to  old  district. 

6.  If  the  organization  of  a  new  district  works  a  great 
hardship  to  any  head  of  a  family,  a  statement  of  such  facts 
should  be  made  to  the  county  superintendent,  who,  with  two 
disinterested  persons — one  selected  by  him  and  one  by  the 
person  affected — shall  decide  whether  such  family  shall  be 
transferred  back  into  the  old  district. 

Text  books — vote  of  people. 

7.  In  case  of  a  new  district  formed  entirely  from  one 
hi  which  text  books  are  furnished  free,  the  new  district 
should  be  entitled  to  its  pro  rata  share  thereof;   but  the 
question  of  supplying  additional  free  text  books  in  such  new 
district  must  be  submitted  to  a  vote  of  the  people. 

133.  Uniting  two  or  more  districts — territory 
annexed  or  detached — unorganized  territory.  Two 
or  more  contiguous  districts  may  be  united  into 
one  district.  For  the  purpose  of  effecting  such 
union,  each  district  shall,  at  a  special  meeting  legally 

182 


DISTRICTS  §  133 

cnlled  for  the  purpose,  determine  by  ballot  whether 
or  not  a  majority  of  the  legal  voters  assembled  are 
in  favor  of  such  union.  Those  in  favor  will  vote 
"yes"  and  those  opposed  "no."  If  a  majority  of 
the  voters  present  in  each  district  vote  in  favor  of 
a  union,  a  union  meeting  shall  be  called  by  giving 
at  least  ten  days'  public  notice,  at  which  meeting 
the  organization  shall  be  perfected  by  the  election 
of  officers  and  other  necessary  proceedings,  in  the 
same  manner  as  provided  for  the  organization  of 
districts  in  section  twenty-eight  of  this  chapter: 
Provided,  That  where  a  first  class  district  is  joined 
in  such  union  with  a  district,  or  districts,  of  a  lower 
class,  the  board  of  directors  of  such  first  class  dis- 
trict shall  be  held  to  be  the  board  of  directors  for 
the  united  district,  and  the  members  thereof  shall 
be  entitled  to  serve  the  unexpired  portion  of  their 
respective  terms  as  such  directors  of  said  united 
district ;  and  the  board  or  boards  of  directors  of  the 
lower  class  districts  in  said  united  districts  shall 
cease  and  determine  upon  notice  from  the  county 
superintendent  of  schools  that  such  districts  have 
been  united  under  the  provisions  of  this  act.  Upon 
receiving  notice  from  the  county  superintendent  of 
such  union  of  districts,  it  shall  be  the  duty  of  the 
county  treasurer  to  transfer  all  funds  belonging  to 
said  districts  to  the  credit  of  the  new  district  thus 
formed.  Provided,  That  when  one  or  more  of  the 
districts  so  united,  previous  to  the  time  of  being 
united,  shall  have  incurred  a  bonded  indebtedness, 
such  districts  alone  shall  be  subject  to  the  same, 
and  that  none  of  the  other  districts  uniting  under 
this  act  shall  be  held  in  any  manner  subject  to  such 

183 


§  133  DISTRICTS 

indebtedness  or  interest  thereon.  A  portion  of  un- 
organized territory  may  be  annexed  to  a  school  dis- 
trict, or  a  portion  of  one  district  may  be  detached 
from  said  district  and  annexed  to  a  contiguous  dis- 
trict, by  the  county  superintendent,  upon  petition, 
in  either  case,  of  a  majority  of  the  legal  voters  resi- 
dent within  the  territory  to  be  so  annexed,  subject, 
always,  to  the  limitation  of  section  twenty-eight. 

Provided,  That  when  there  are  children  of  school 
age,  residing  upon  unorganized  territory,  and  a  ma- 
jority of  the  legal  voters  of  such  territory  shall  neg- 
lect or  refuse,  after  being  given  thirty  days'  notice 
in  writing  by  the  county  superintendent,  to  petition 
to  be  annexed  to  a  contiguous  district,  the  county 
superintendent  may  attach  such  unorganized  terri- 
tory to  a  contiguous  school  district  in  the  same  man- 
ner as  though  such  petition  had  been  presented 
to  him.—  8.  L.  '11,  p.  580 

Note.    Section  28  above  referred  to  is  section  132  herein. 

Uniting  upon  petition  of  legal  voters. 

1.  A  portion  of  unorganized  territory  may  be  annexed 
to  a  district  by  the  county  superintendent  upon  petition  of 
the  majority  of  the  legal  voters  resident  within  the  territory 
to  be  so  annexed;  or  if  a  majority  shall  neglect  or  refuse  to 
present  such  petition  after  thirty  days'  notice,  in  writing, 
the  county  superintendent  may  act  as  though  such  petition 
had  been  presented. 

2.  More  than  one  Section  of  unorganized  territory  may 
be  added  to  the  district  upon  petition  to  the  county  superin- 
tendent of  a  majority  of  the  legal  voters  within  the  territory. 

3.  A  county  superintendent  has  a  right  to  detach  a 
portion  of  one  district  therefrom  and  attach  it  to  a  contigu- 
ous district  upon  petition  of  a  majority  of  the  legal  voters 
residing  within  the  territory  to  be  so  annexed  with  the  con- 
sent of  the  voters  remaining  in  said  district  or  of  those 
residing   in   the   district   to   which   the   territory   is    to   be 
annexed. 

4.  It  would  be  illegal  to  detach  property  from  a  cer- 
tain school  district  for  the  purpose  of  making  it  unorganized 

184 


DISTRICTS  §133 

territory,  since  the  only  provision  made  for  detaching  terri- 
tory is  upon  petition  requesting  that  it  be  attached  to  some 
other  district. 

5.  Organized  territory  cannot  be  legally  detached  from 
one  district  and  added  to  another  by  the  county  superin- 
tendent without  a  petition  from  the  residents  of  the  terri- 
tory, except  in  cases  where  the  boundaries  are  conflicting. 

6.  When  a  school  district  has  been  annulled  and  its 
territory  is  being  annexed  to  other  districts,  people  wishing 
to  become  members  of  other  districts  may  petition  to  have 
land  other  than  their  own,  and  on  which  no  one  is  residing, 
annexed  with  their  land  to  other  districts. 

Uniting  contiguous  districts — vote — notice. 

7.  Colorado  has  no  law  permitting  any  of  its  districts 
to  be  united  with  adjoining  districts  in  other  states. 

8.  The  question  of  whether  two  or  more  contiguous 
school  districts  shall  unite  may  be  voted  on  at  the  annual 
school  meeting  in  May,  provided  the  required  notice  for  a 
special  meeting  be  given;  that  is,  notices  stating  the  purpose 
of  the  meeting  must  be  posted  at  least  twenty  days  before 
such  annual  meeting.     The  notices  of  the  annual  meeting 
will  be  sufficient  if,  in  addition  to  the  notice  of  the  election, 
a  statement  that  the  question  of  uniting  with  such  contigu- 
ous district  or  districts  will  be  voted  upon. 

Debts  of  detached  territory. 

9.  Territory  annexed  to  a  school  district  is  liable  for 
the  debts  of  the  district  from  which  it  was  detached  to' the 
extent  of  the  tax  already  levied  against  such  territory  at  the 
time   of  the   division   of   the   district,   and   this   applies   to 
bonded  indebtedness  as  well. 

Transferring  of  territory. 

10.  A  tenant  may  be  set  over  to  an  adjoining  district, 
even  if  the  owner  of  the  land  objects  to  it,  if  done  in  accord- 
ance with  the  provisions  of  above  section. 

11.  Unoccupied  land  can  only  be  transferred  from  one 
district  to  another  when  transferred  with  other  territory 
upon  which  people  reside. 

12.  No  provision  is  made  for  simply  detaching  territory 
from  a  district,  so  that  a  person  who  cannot  send  a  child  to 
a  school  held  in  the  district  will  be  exempted  from  paying 
the  special  tax. 

13.  The  county  superintendent  cannot  transfer  terri- 
tory from  one  district  to  another,  except  when  both  districts 
are  located  in  the  county  of  which  he  is  superintendent. 

185 


§  134  DISTRICTS 

14.  There  is  no  reason  why  the  territory  of  a  duly 
annulled  district  should  not  be  annexed  to  an  organized 
district,  regardless  o-f  whether  the  latter  was  bonded  at  that 
time  or  not,  as  only  the  property  of  the  new  district  which 
was  included  in  the  original  territory  of  the  bonded  district, 
would  be  liable  for  the  payment  of  the  bonds. 

Annexed  territory — census. 

15.  If  territory  is  added  to  a  district  after  the  annual 
census  of  that  district  has  been  taken,  the  names  of  persons 
of  school  age  residing  in  the  annexed  territory  should  be 
added  to  the  census  list  of  the  enlarged  district,  and  the 
latter  given  its  per  capita  for  the  total  number. 

134.  Organization  of  joint  districts.  A  joint 
school  district  may  be  formed  from  territory  belong- 
ing to  two  or  more  contiguous  counties.  For  the 
purpose  of  organizing  a  joint  district,  the  same  pre- 
liminary steps  shall  be  taken,  and  the  same  course 
pursued,  as  is  provided  for  the  organization  of  other 
districts,  in  sections  twenty-seven  and  twenty-eight. 
Such  district  shall  be  designated  as  "Joint  District 

No . . . ,  of  the  counties  of 

and    , "  and  shall  be  so 

numbered  that  it  shall  have  the  same  number  in  all 
the  counties  from  which  it  is  formed.  The  petition 
required  by  section  twenty-seven  shall  be  made  to 
each  county  superintendent  interested,  who  shall 
unite  in  forming  such  districts ;  Provided,  That  the 
school  census,  the  record  of  attendance  at  school, 
the  assessing  of  property,  the  collection  of  taxes, 
and  all  other  acts  which  from  their  nature  should 
be  separately  kept  or  done,  shall  be  kept  and  done, 
and  the  reports  thereof  made,  as  if  each  portion 
of  said  joint  district  belonging  to  each  county  were 
an  entire  district  in  the  respective  counties.  The 
teachers  of  such  joint  district  shall  have  a  certificate 
from  the  superintendent  of  the  county  in  which  the 

1S6 


DISTRICTS  ,  §  134 

ol  house  is  located.  No  joint  district  shall  be 
annulled  except  by  the  consent  of  the  county  super- 
intendents of  the  counties  in  which  such  district  is 
located;  Provided,  That  when  any  joint  district  de- 
sires to  be  annulled  for  the  purpose  of  forming  sep- 
arate districts,  it  shall  require  a  majority  of  the 
voters  constituting  said  joint  district,  at  a  meeting 
called  for  such  purpose.—  R.  s.  5911 

Note.  Sections  27  and  28  above  referred  to  are  sections  131 
and  132  herein. 

Deputy  not  necessarily  resident  of  county. 

1.  Since  there  is  no  statutory  law  requiring  the  deputy 
of  a  county  superintendent  to  be  a  resident  of  such  county, 
where  there  is  a  joint  district  practically  inaccessible  to  the 
county  superintendent  of  the  one  county  but  easy  of  access 
to  the  county  superintendent  of  the  other  county,  the  latter 
can  be  appointed  a  deputy  of  the  former  for  the  purpose  of 
visiting  such  school  in  compliance  with  the  law. 

Territory  attached   or  detached. 

2.  Territory  belonging  to  a  joint  district  cannot  be  de- 
tached from  or  attached  to  an  adjoining  district  without  the 
consent  of  all  the  county  superintendents  interested  in  such 
joint  district. 

Formed  by  dividing  counties. 

3.  In  the  organization  of  new  counties  by  the  general 
assembly  the  county  lines,  in  a  few  cases,  divided  organized 
school  districts  into  two  parts,  leaving  the  district  in  two 
counties;  in  such  case  the  district  should  be  considered  as  a 
joint  district. 

Elections. 

4.  The  general  law  in  regard  to  the  election  of  school 
directors  applies  to  a  joint  district  just  as  to  any  other. 

Who  may  vote. 

5.  All  legal  voters  who  are  residents  in  a  joint  district 
may  vote  upon  any  questions  pertaining  to  school  matters  of 
said  district,  save  in  the  matters  of  bonds,  which  requires  a 
voter  to  be  also  a  taxpayer. 

187 


§135  DISTRICTS 

Secretary's  bond — warrants. 

6.  In  a  joint  district  the  secretary  of  such  district 
should  file  a  bond  in  both  counties  and  the  board  should 
draw  warrants  on  each  county  treasurer. 

135.  When  a  new  district  shall  be  entitled  to 
public  school  money — proviso.  No  new  district, 
formed  as  provided  in  sections  twenty-seven  and 
twenty-eight  of  this  chapter,  shall  be  entitled  to 
any  portion  of  the  public  school  money  until  a  school 
has  actually  commenced  therein,  and  unless  within 
six  months  from  the  establishment  of  such  district 
a  school  be  opened  and  maintained,  as  required 
by  law,  the  action  making  such  district  shall  be 
void,  and  all  actions  had  by  such  district,  acting  as 
a  body  corporate,  shall  cease  and  determine,  and  all 
taxes  which  may  have  been  levied  in  the  old  district 
or  districts  out  of  which  the  new  one  was  formed, 
shall  be  valid  and  binding  upon  the  real  and  per- 
sonal property  of  the  new  district,  the  same  as  if 
said  new  district  had  never  been  organized;  Pro- 
vided, That  the  county  superintendent  may,  for 
good  cause,  extend  the  said  six  months  to  eight 
months;  said  time  of  limitation  shall  begin  to  run 
from  the  time  of  the  meeting  at  which  it  was  voted 
to  organize  the  district;  whenever  any  district  shall, 
for  the  period  of  one  year,  fail  to  maintain  a  school 
and  to  keep  up  its  organization  of  officers,  and  to 
make  annual  report  as  required  by  law,  the  county 
superintendent  may  declare  such  district  annulled, 
and  annex  its  territory  to  adjoining  district  or 
districts.— #.  8.  5910 

Note.  Sections  27  and  28  above  referred  to  are  sections  131 
and  132  herein. 

188 


DISTRICTS  §  135 

School  actually  commenced. 

1.  A  new  district  is  entitled  to  no  portion  of  the  public 
school  fund  until  a  school  is  actually  commenced  therein. 
This,    however,    would    not   necessarily    exclude    a    district 
whose  school  might  be  found  to  be  located  outside  of  the 
district  line  through  accident,  if  the  school  had  been  com- 
menced in  good  faith. 

2.  A  new  school  district,  as  soon  as  its  organization  is 
complete,  is  entitled  to  its  share  of  the  special  fund  standing 
to  the  credit  of  the  old  district,  of  which  it  was  formerly  a 
part;  also  to  receive  each  month  its  share  of  the  uncollected 
special  tax;  providing,  always,  that  a  school  has  been  com- 
menced in  the  district  in  good  faith. 

Failure  to  open  school  within  six  months. 

3.  Failure  to  open  a  school  in  a  newly  organized  dis- 
trict within  six  months  from  the  date  of  organization  makes 
void  all  proceedings  pertaining  to  the  formation  of  the  dis- 
trict, unless  the  time  for  opening  a  school  therein  be  ex- 
tended to  eight  months  by  the  county  superintendent. 

Territory  attached  and  detached. 

4.  Territory  annexed  to  a  school  district  is  liable  for 
the  debts  of  the  district  from  which  it  was  detached  to  the 
extent  of  the  tax  already  levied  against  such  territory  at  the 
time  of  the  division  of  the  district. 

5.  Territory  detached  from  a  district  which  has  been 
bonded  is  not  released  from  taxation  to  pay  both  principal 
and  interest  of  such  bonds.    Such  detached  territory  is  liable 
for  such  taxation  until  the  bonds  have  been  fully  discharged, 
the  same  as  if  it  had  remained  a  part  of  the  original  district. 

6.  Lands  to  which  title  has  not  been  obtained  from  the 
government  at  the  time  school  bonds  are  issued  by  a  district 
of  which  such  lands  form  a  part  are  not  subject  to  tax  for 
the  payment  of  such  bonds.  Hence,  if  said  lands  are  set  off 
or  detached  from  the  district  before  title  is  perfected,  they 
are  not  subject  to  a  bond  tax  in  the  original  district  when 
title  is  complete. 

7.  A  remote  part  of  the  district  cannot  take  steps  after 
bonds  have  been  voted,  and  before  they  are  issued,  to  set 
itself  apart  and  form  a  new  district,  thus  avoiding  its  lia- 
bility for  interest  and  principal  on  the  bonds. 

Annulment  of  district. 

8.  According  to  the  law,  whenever  any  district  shall, 
for  a  period  of  one  year,  fail  to  maintain  a  school  and  keep 
up  its  organization  of  officers,  and  to  make  an  annual  report 

189 


§135  DISTRICTS 


as  required  by  law,  the  county  superintendent  may  declare 
such  district  annulled,  and  annex  its  territory  to  adjoining 
district  or  districts,  but  such  action  must  be  taken  by  county 
superintendent  before  such  district  ceases  to  exist. 

9.  There  is  no  law  providing  for  the  annulling  of  a  por- 
tion of  a  district  that  it  may  become  unorganized  territory, 
and  it  does  not  seem  good  policy  to  do  so. 

10.  If  a  district  is  entirely  deserted  and  has  failed  to 
make  its  annual  report,- etc.,  as  specified  in  section  135  of 
the  school  law  annotated,  the  county  superintendent  should 
declare  it  annulled,  and  annex  it  to  an  adjoining  district 
simply  by   declaring  it  so  added,  and  making  the  proper 
record.      The   act  of   uniting  the  two  originates  and   con- 
cludes with  the  county  superintendent,  subject  only  to  the 
restrictions  specified  in  the  law. 

11.  A  district  may  be  annulled  when,  for  the  period  of 
one  year,  it  has  failed  to  maintain  a  school,  keep  up  its 
organization  of  officers,  and  make  its  annual  report  as  re- 
quired by  law. 

When  not  annulled. 

12.  "Whenever  any  district  shall,  for  a  period  of  one 
year,  fail  to  maintain  a  school  and  keep  up  its  organization 
of  officers  and  to  make  its  report  as  required  by  law,  the 
county  superintendent  may  declare  such  district  annulled 
and  annex  the  territory  to  an  adjoining  district  or  districts." 
Therefore  the  mere  fact  that  school  has  not  been  held  in  a 
district   is   not   sufficient   to    warrant   the    county   superin- 
tendent in  annulling  the  district. 

13.  A  school  district,  having  kept  up  its  organization 
and  maintained  a  four  months'  school  during  the  year,  can- 
not be  annulled  for  simply  failing  to  make  the  annual  re- 
port, as  this  failure  is  chargeable  to  the  secretary,  and  if 
any  damage  ensues  to  the  district  he  should  be  held  on  his 
bond. 

14.  Four  months  of  school  in  each  school  year  are  nec- 
essary in  order  that  a  district  may  hold  its  organization. 
Three  months  of  school  are  necessary  to  entitle  a  district  to 
its  share  of  the  public  funds.     This  practically  makes  four 
months  of  school  necessary  in  each  district. 

15.  A  district  in  which  there  are  no  pupils  of  school 
age  residing  may  keep  up  an  organization  for  an  indefinite 
time  by  electing  officers  and  making  all  necessary  reports. 

16.  If  the  county 'superintendent  does  not  declare  the 
district  annulled,  and  it  maintains  a  public  school  at  least 
three  months  of  the  school  year,  it  shall  be  entitled  to  the 
school  fund  for  that  year.     This  does  not  conflict  with  the 

190 


DISTRICTS  §§136-137 

decisions  referred  to,  since  a  district  is  not  annulled,  except 
as  the  county  superintendent  declares  it  so. 

Disposition  of  fund — when  district  annulled. 

17.  If  a  school  district  has  failed  to  hold  school  for  one 
year,  and  has  failed  to  keep  up  its  organization,  the  funds 
belonging  to  such  district  should  be  turned  into  the  county 
general  fund,  unless  its  territory  is  attached  to  another  dis- 
trict, in  which  case  the  money  should  be  transferred  to  the 
district  to  which  it  is  attached. 

CONSOLIDATED   DISTRICTS. 

136.  Consolidation  defined.    For  the  purpose  of 
this  act  the  word  "consolidation"  is  hereby  defined 
as  providing  for  the  abolishment  of  certain  adjoin- 
in  if  school  districts  and  their  organization  into  one 
special  school  district,  and  for  the  conveyance  of 
pupils  to  one  consolidated  school. — 8.  L.  '09,  p.  492 

137.  School  boards  may  submit  question.     The 
school  boards  of  two  or  more  adjoining  school  dis- 
tricts may  submit  the  question  of  consolidation,  and 
upon  the  petition  of  not  less  than  one-fourth  of  the 
qualified  electors  of  such  school  districts,  must  sub- 
mit such  question  to  a  vote  of  the  qualified  electors 
of  such  districts.     For  the  purpose  of  determining 
the  question,  the  secretary  of  the  school  board  in 
each  district  affected  shall,  by  giving  legal  notice, 
call  a  special  meeting  to  be  held  at  the  usual  place 
of    holding    school    district  elections.     The  legally 
qualified  electors  when  assembled  in  accordance  with 
the  notice  above  specified  shall  vote  by  ballot  for 
or  against  such  consolidation.     Those  in  favor  will 
vote  "For  consolidation"-— Yes,  those  opposed,  "For 
consolidation" — No.    If  at  said  election  more  votes 
are   cast  against  the  proposition  for  consolidation 
than  for  it  the  question  shall  not  be  again  submitted 

191 


§§138-139  DISTRICTS 

to  the  electors  of  said  adjoining  districts  for  a  pe- 
riod of  one  year.—  s.  L.  '09,  p.  492 

1.  There  is  no  statute  which  makes  several  districts, 
consolidated  under  the  act  of  1909,  liable  for  the  bonded 
indebtedness  of  one  of  the  districts.  It  seems  that  the 
property  originally  bonded  will  have  to  pay  the  indebtedness 
due. 

138.  Call  meeting  to  organize  district.    If  a  ma- 
jority of  the  electors  vote  in  favor  of  consolidation 
it  shall  then  be  the  duty  of  the  school  board  in  the 
district  affected  which  has  the  largest  school  enu- 
meration to  call  a  union  meeting  by  giving  at  least 
twenty  days'  public  notice  in  each  district  affected, 
at  which  meeting  the   organization  of  the  consoli- 
dated district  shall  be  perfected  by  the  election  of 
officers  and  other  necessary  procedure.     After  the 
organization  of  the  union  meeting  is  completed  by 
the  election  of  a  chairman  and  secretary  it  shall  pro- 
ceed to  elect,   by  ballot,  a  board  of  directors  for 
such  consolidated  district,  consisting  of  a  president, 
a  secretary  and  a  treasurer,  who  shall  be  held  to 
constitute  the  board  of  directors  of  such  consolidated 
district  until   the   next   annual  school   election,   at 
which  election  one  president  shall  be  elected  for  a 
term  of  three  years,  one  secretary  for  two  years  and 
one  treasurer  for  one  year,  and  annually  thereafter 
a  person  to  fill  the  vacancy  occurring.     Provided, 
That  when  a  district  of  the  first  class  is  joined  with 
a  district  or  districts  of  a  lower  class  the  board  of 
directors  of  said  first  class  district  shall  be  held  to 
be  the  board  of  directors  of  the  consolidated  dis- 
trict and  shall  serve  out  the  term  for  which  they 
were  elected.— &.  L.  '09,  p.  492 

139.  Purchase  site — erect  building — transport 
children.     As  soon  as  the  organization  of  a  special 

192 


DISTRICTS  §  140 

school  district  as  herein  contemplated  shall  have 
been  perfected  and  its  officers  elected,  it  shall  be  the 
duty  of  the  school  board  of  such  consolidated  school 
district,  if  necessary,  to  purchase  a  site  and  erect 
a  suitable  building  thereon,  and  said  school  board 
is  hereby  required  to  maintain  and  support  a  graded 
course  of  instruction,  and  may  include  a  high  school 
course  of  not  less  than  two  years,  and  may  at  its 
discretion  furnish  transportation  to  and  from  school 
to  all  pupils  living  one  mile  or  more  from  the  con- 
solidated school  or  building.  Said  distance  to  be 
measured  from  the  enclosure  immediately  surround- 
ing their  residence  to  the  school  house  property 
along  the  public  highway,  provided,  that  the  person 
or  persons  employed  for  the  purpose  of  transporting 
the  pupils  to  and  from  school  shall  be  required  to 
give  a  reasonable  bond  for  the  faithful  perform- 
ance of  duties  as  prescribed  by  the  school  board. 
— S.  L.  >11,  p.  579 

140.  When  new  district  entitled  to  share  of 
funds — apportionment.  When  a  new  district  is 
formed  from  one  or  more  old  ones,  the  school  funds 
remaining  to  the  credit  of  the  district,  after  pro- 
viding for  all  outstanding  debts,  excepting  debts  in- 
curred for  building  and  furnishing  school  houses, 
shall  be  divided  as  follows:  The  basis  of  division 
for  the  school  fund  shall  be  the  school  population, 
as  shown  by  the  last  school  census  before  the  di- 
vision of  the  district  or  districts  occurred,  and  shall 
apply  such  funds  as  remain  to  the  credit  of  said 
old  district  or  districts  at  the  time  of  the  organiza- 
tion of  said  new  district,  and  each  district  shall  re- 
ceive funds  in  proportion  to  its  per  cent,  of  the  said 
census.  In  case  of  division,  each  district  shall  own 

193 


§  140  DISTRICTS 

and  hold  all  permanent  property,  such  as  sites, 
school  houses  and  furniture,  situated  within  its 
boundaries.  All  division  of  funds  under  this  pro- 
vision shall  be  made  by  the  county  superintendent, 
and  when  there  are  unpaid  special  taxes  on  the 
county  tax  book  belonging  to  a  district  at  the  date 
of  its  division,  the  county  treasurer,  upon  being  no- 
tified of  such  division  by  the  county  superintendent, 
shall  retain  all  money  received  in  payment  of  said 
special  tax  until  the  same  shall  be  apportioned  by 
the  county  superintendent,  whose  duty  it  shall  be 
to  apportion  said  money  monthly,  between  the  frac- 
tions of  the  divided  district,  according  to  the  loca- 
tion of  the  property  on  which  said  tax  was  levied. 
At  the  first  apportionment  after  the  organization  of 
a  new  district,  the  county  superintendent  shall  ap- 
portion to  such  district  its  per  capita  proportion 
of  the  general  fund,  but  no  money",  either  from  the 
general  or  special  fund,  shall  be  paid  out  of  the 
county  treasury  on  account  of  such  district  until 
a  school  [house]  shall  have  been  begun  therein  in 
good  faith.— R.  s.  5912 

When  district  cannot  be  annulled. 

1.  The  above  section  of  the  school  law  provides  for  dis- 
tributing any  school  funds  remaining  to  the  credit  of  a  dis- 
trict when  a  new  one  is  formed  from  one  or  more  old  ones; 
but  there  is  no  law  providing  for  the  payment  of  the  indebt- 
edness of  a  district  in  case  it  should  be  disorganized  and 
wiped  out  of  existence.  The  legislature  never  intended  that 
a  school  district  should  be  disorganized  until  all  its  out- 
standing obligations  are  provided  for.  The  superintendent 
may  declare  the  district  annulled,  and  at  the  same  time 
provide,  in  the  order  in  which  it  was  contracted,  for  the  pay- 
ment of  such  indebtedness  by  the  district  to  which  the  terri- 
tory should  be  attached,  providing  such  district  should  con- 
sent thereto.  He  certainly  should  not  make  an  order  annul- 
ling the  district  until  some  provision  is  made  for  the  pay- 

194 


DISTRICTS  §  141 

ment  of  its  outstanding  warrants;  and  if  he  nas  done  so,  in 
any  case  it  could  not  have  the  effect  to  cancel  such  indebt- 
edness or  make  it  invalid. 

Teacher's   contract. 

2.  When  a  school  district  has  been  divided,  in  the 
division  of  funds  between  the  old  district  and  the  newly 
organized  district  the  clause  in  above  section  which  states 
that  "after  providing  for  all  outstanding  debts,  etc.,"  cannot 
be  interpreted  to  mean  contracts  made  with  teachers  for 
certain  months  of  school  which  are  yet  untaught.  No  debt 
exists  for  the  months  of  teaching  which  are  yet  to  come. 

141.    Districts  may  hold  real  estate — proviso.  It 

shall  be  lawful  for  any  school  district  in  this  state 
to  take  and  hold,  under  the  provisions  of  any  law 
now  or  hereafter  in  force  providing  for  the  exercise 
of  the  right  of  eminent  domain,  so  much  real  estate 
as  may  be  necessary  for  the  location  and  construc- 
tion of  a  school  house  and  convenient,  use  of  the 
school;  Provided,  That  the  real  estate  so  taken 
otherwise  than  by  the  consent  of  the  owner  thereof, 
shall  not  exceed  in  districts  of  the  first  class,  three 
acres,  if  real  estate  be  unplatted,  and  not  exceeding 
one  block  if  real  estate  be  platted,  and  in  districts 
of  all  other  classes,  not  exceeding  one  acre. 
—R.  8.  5914 

Note.  Chapter  31  referred  to  is  the  chapter  on  "Eminent 
Domain."— R.  S.,  chap.  xlv. 

Qualified  fee  in  land. 

a.  A  conveyance  of  land  to  a  school  district  by  a  quit- 
claim deed,  subject  to  condition  that  the  land  should  be 
used  for  school  purposes,  and  when  not  so  used  should  re- 
vert to  grantor,  vests  a  qualified  fee  in  a  district,  and 
until  it  ceases  to  use  the  same  for  school  building  the 
grantor  is  divested  of  all  interest  in  the  land.— D.  &  S.  F. 
R'y  Co.  v.  School  Dist.,  14  C.  327 

Power  to  condemn. 

1.  Upon  showing  that  such  action  is  necessary  for  the 
location  and  construction  of  a  school  house  and  convenient 
use  of  the  school,  directors  may,  under  the  "Eminent 

195 


§  141  DISTRICTS 

Domain  Act,"   condemn   land   as  above  provided,   and  the 
owner  must  accept  the  amount  of  damage  awarded. 

2.  Section  15,  article  11,  of  the  constitution,  gives  the 
right,  and  chapter  45  of  Revised  Statutes  provides  a  com- 
plete plan,  of  procedure  for  condemning  private  property  for 
public  use. 

Belongs  to  school  district. 

3.  When  land  has  been  taken  by  a  school  district  under 
the  provisions  of  the  "Eminent  Domain  Act,"  if  it  has  been 
used  for  school  purposes  and  no  other,  it  belongs  to  the 
school  district,  and  not  to  an  individual  who  has  recently 
made  purchase  of  the  quarter  section  of  which  such  acre  is 
a  part.     The  individual  purchasing  .the  land  cannot  collect 
rent  from  the  district  and  cannot  demand  pay  for  the  land. 

Title  obtained  through  individual. 

4.  A  school  district  cannot  perfect  a  title  to  land,  as 
this  is  the  power  of  an  individual  only.    Before  the  district 
purchases  the  land  the  patent  should  be  issued  to  some  one, 
otherwise  the  title  would  be  insecure. 

Building  on  school  land. 

5.  There  is  no  authority  in  law  giving  the  privilege  to 
build  upon  school  land  without  first  receiving  a  grant  from 
the  state  land  board.     Upon  application  to  the  register  of 
such  board,  accompanied  with  plat  and  field  notes  of  the 
survey,  one  acre  will  be  granted  your  district  for  school 
purposes. 


196 


ELECTIONS 


142.  Annual  elections — notices  posted — publica- 
tion— ballot.  The  regular  election  for  electing  mem- 
bers of  school  boards  or  boards  of  education  shall 
be  held  biennially  in  each  school  district  of  the  first 
class,  and  annually  in  each  school  district  of  the 
second  and  third  classes  on  the  first  Monday  in 
May,  beginning  with  the  year  1911,  at  which  time 
it  shall  be  lawful  in  school  districts  of  the  third 
class  to  transact  any  business  pertaining  to  schools 
and  school  interests. 

The  secretary  of  each  school  board  shall  cause 
written  or  printed  notices  to  be  posted,  specifying 
the  day  and  the  place  or  places  of  such  election,  the 
boundaries  of  election  precincts,  if  any,  and  the 
time  during  which  the  ballot  box  or  boxes  shall  be 
kept  open,  not  less,  however,  than  three  hours  in 
districts  of  the  second  and  third  classes,  and  further 
specifying  at  what  hour  and  place  any  other  busi- 
ness shall  be  transacted.  In  districts  of  the  first 
class  the  ballot  box  or  boxes  shall  be  kept  open 
from  seven  o'clock  a.  m.  to  seven  o'clock  p.  m.  Said 
notices  shall  be  posted  in  at  least  three  public  places 
in  the  district,  and  additionally  at  each  school  house, 
at  least  six  days  prior  to  the  time  of  election ;  and 
in  districts  of  the  first  class,  said  notice  shall  be 
published  weekly  for  the  four  weeks  next  preced- 
ing such  election,  ,n  some  newspaper  published  in 
the  district,  and  if  there  be  no  paper  published  in 
such  district,  then  in  a  paper  published  in  an  ad- 
joining district;  provided  that  in  those  districts  hav- 
ing a  school  population  of  more  than  three  thousand 

197 


§142  ELECTIONS 

the  said  notice  shall  be  posted  as  aforesaid  at  least 
eight  weeks  previous  to  the  time  of  election  and 
published  in  a  newspaper  as  aforesaid  once  each 
week  for  a  period  of  eight  weeks  next  preceding 
such  election.  If  the  secretary  shall  fail  to  give 
such  notice,  then  any  two  legal  voters  residing  in 
the  district  may  give  such  notice  over  their  names, 
and  such  election  may  be  held  after  the  day  fixed 
by  this  act  for  such  election. — 8.  L.  'ii,  p.  588 

First  class  district — section  amended. 

Note.  Section  142  herein  provides  that  the  regular  election 
for  electing  members  of  school  boards  in  first  class  districts  shall 
be  held  biennially  on  the  first  Monday  in  May,  1911.  Section  110 
provides  that  at  the  regiilar  election  in  1913,  and  every  six  years 
thereafter,  there  shall  be  elected  two  directors;  in  1915,  and 
every  six  years  thereafter,  two  directors;  Jn  1917,  and  every  six 
years  thereafter,  one  director;  and  that  the  term  of  office  of  all 
directors  of  first  class  districts  shall  be  six  years.  This  means 
that  the  vacancy  occurring  by  the  expiration  of  the  present  five- 
year-term  director,  expiring  in  1912,  must  be  filled  by  the  board 
until  the  regular  election  of  1913,  at  which  time  another  five- 
year  term  will  have  expired,  and  two  directors  can  then  be 
elected  for  six  years,  in  accordance  with  the  present  law.  In 
1914  another  five-year  term  expires,  to  be  filled  by  the  board 
until  the  regular  election  of  1915,  when  another  expires,  and  two 
members  can  be  elected  for  six  years.  In  1916  the  last  five-year 
term  expires,  and  the  vacancy  must  be  filled  until  the  regular 
election  of  1917,  when  the  fifth  member  of  the  board  is  elected 
for  six  years. 

Directors — second  and  third  class  districts — election. 
Note.  Prior  to  the  enactment  of  Section  110  herein  second 
and  third  class  districts  were  grouped  under  three  general  heads, 
on  account  of  the  fact  that  like  officers  were  elected  in  different 
years.  This  classification  will  no  longer  exist  after  1913,  as  the 
present  law  provides  that  the  term  of  the  president  in  all  second 
and  third  class  districts  shall  expire  in  1914,  that  of  the  treas- 
urer in  1915  and  that  of  the  secretary  in  1916.  Until  the  election 
of  1914,  however,  the  various  officers  should  be  elected  in  the 
different  groups  at  the  general  school  election  in  the  years  and 
for  the  periods  of  time,  as  follows:  In  the  first  group,  organized 
prior  to  March  20,  1877,  in  1912,  a  president  for  two  years;  if  a 
vacancy  in  office  of  treasurer,  a  treasurer  for  three  years;  if  a 

193 


ELECTIONS  §  142 

vacancy  in  office  of  secretary,  a  secretary  for  one  year.  In  1913, 
a  treasurer  for  two  years;  if  a  vacancy  in  office  of  president,  a 
president  for  one  year;  if  a  vacancy  in  office  of  secretary,  a  sec- 
retary for  three  years. 

In  the  second  group,  organized  between  March  20,  1877,  and 
April  4,  1887,  in  1912,  a  secretary  for  one  year;  if  a  vacancy 
exists  in  office  of  president,  a  president  for  two  years;  if  a 
vacancy  in  office  of  treasurer,  a  treasurer  for  three  years.  In 
1913,  a  president  for  one  year;  if  a  vacancy  in  office  of  treasurer, 
a  treasurer  for  two  years;  if  a  vacancy  in  office  of  secretary,  a 
secretary  for  three  years. 

In  the  third  group,  organized  since  April  4,  1887,  in  1912,  a 
treasurer  for  three  years;  if  a  vacancy  in  office  of  secretary,  a 
secretary  for  one  year;  if  a  vacancy  in  office  of  president,  a  pres- 
ident for  two  years.  In  1913,  a  secretary  for  three  years;  if  a 
vacancy  exists  in  office  of  president,  a  president  for  one  year; 
if  a  vacancy  in  office  of  treasurer,  a  treasurer  for  two  years. 

In  new  districts,  a  board  elected  at  other  than  a  general 
election  holds  over  until  the  regular  election,  at  which  time  a 
president  shall  be  elected  whose  term  expires  in  1914,  a  treas- 
urer whose  term  expires  in  1915,  and  if  such  regular  election  is 
in  1912,  a  secretary  for  one  year  only,  but  if  such  election  is  in 
1913  or  later,  a  secretary  should  be  elected  whose  term  expires 
in  1916  or  every  three  years  thereafter. 

Census  showing  one  thousand — directors — election — appointment. 

Note.  That  portion  of  section  129  of  the  Schoo^Laws  Anno- 
tated, 1912,  included  in  brackets  has  been  amended  by  implica- 
tion by  sections  110  and  142  herein,  so  that,  in  case  the  census 
of  1912  should  show  a  thousand  or  more  children  of  school  age 
in  a  second  class  district,  it  would  be  the  duty  of  the  two  hold- 
over members  on  the  first  Monday  in  May  to  appoint  three  mem- 
bers of  the  board,  to  serve  until  the  regular  election  of  1913,  at 
which  time  two  members  shall  be  elected  for  six  years,  one 
member  for  four  years  and  one  member  for  two  years.  In  case 
the  census  showed  such  number  of  children  in  1913,  then  two 
members  should  be  elected  for  six  years  and  one  for  four  years. 
If  such  showing  were  made  in  1914,  then  three  members  should 
be  appointed  until  regular  election  of  1915;  and  then  and  there- 
after the  same  procedure  as  above  should  be  followed,  and  all 
vacancies  occurring  in  even  years  should  be  filled  only  until  the 
next  regular  biennial  election,  and  then  elected  in  numbers  and 
for  periods  of  time  to  correspond  with  the  provisions'  of  section 
110  herein. 

Annual  election — place — time — notice. 

1.  The  regular  annual  election  for  members  of  school 
boards  is  held  on  the  first  Monday  in  May  throughout  the 

199 


§  142  ELECTIONS 

state.  Any  business  pertaining  to  schools  and  school  in- 
terests may  be  transacted  at  that  time.  Notice,  however, 
must  be  given  of  the  "time  and  place"  of  voting  such  busi- 
ness. 

2.  It  is  not  possible  for  school  districts  of  the  third 
class  to  have  more  than  one  voting  place. 

3.  The   question  of  whether  two  or  more  contiguous 
school  districts  shall  unite  may  be  voted  on  at  the  annual 
school  meeting  in  May,  provided  the  required  notice  for 
a  special   meeting  be   given — that   is,   notices   stating  the 
purpose  of  the  meeting  must  be  posted  at  least  twenty  days 
before  such  annual  meeting;  and  the  notices  of  the  annual 
meeting  will  be  sufficient  if,  in  addition  to  the  notice  of 
the  election,  a  statement  that  the  question  of  uniting  with 
such  contiguous  district  or  districts  will  be  voted  upon. 

Moving  building — vote. 

4.  In   order  to  vote  upon  the   question  of  moving  a 
school  building,  at  an  annual  election,  such  contemplated 
business  should  be  stated  in  the  notice.     The  majority  vote 
necessary  to  carry  the  same  refers  to  the  voters  present, 
and  not  to  all  the  electors  of  the  district. 

5.  If  on  account  of  unforeseen  circumstances  the  place 
designated   in  the  notice   cannot  be  used  for  holding  the 
election,  the  nearest  accessible  place  should  be  utilized  and 
a  trustworthy  elector  stationed  at  such  designated  polling 
place  during  voting  hours  to  direct  those  desiring  to  vote 
to  the  new  polling  place. 

6.  The  result  of  a  school  election  must  stand  as  an- 
nounced by  the  judges  until  set  aside  by  the  courts  in  a 
contest  proceeding. 

Polls  open  three  hours. 

7.  A  school  election  in  second  and  third  class  districts 
at  which  the  polls  are  not  kept  open  three  hours  and  the 
voting  done  by  ballot  is  illegal. 

8.  It  is  unlawful  for  the  ballot  box  for  voting  on  the 
question   of  bonding  the  district  to  be  open  at  the   same 
time  as  the  one  for  the  election  of  school  officers. 

Judges  of  election. 

9.  The  fact  that  there  were  but  two  judges  at  a  school 
election  would  not  invalidate  the  election,  if  legally  con- 
ducted in  other  respects. 

Tax  levy  reconsidered — when. 

10.  While  the  law  does  not  permit  the  changing  of  a 
tax  levy  made  at  the  annual  meeting  in  May  and  certified 

200 


ELECTION'S  §143 

to  by  the  school  board  of  the  district,  the  district  would 
have  a  right  to  call  a  special  meeting  to  vote  an  addi- 
tional special  tax  of  two  or  any  other  number  of  mills  that 
would  be  inside  the  limit  up  to  which  a  third  class  dis- 
trict is  permitted  to  levy. 

ScJiool  board  when  not  bound  by  action  of  electors. 
11.     A  school   board    does    not  have   to   carry   out   all 
I  motions  made  and  carried  at  the  annual  meeting  of  elec- 
|tors,  unless   such   motions  cover  matters   upon   which  the 
electors  are  entitled  to  pass. 

143.  Electors  -  -  directors  -  -  qualifications  - 
publish  names — ballots — registration — county  clerk 
furnish — judges — challengers — watchers  -  -  fraudu- 
lent— voting — oaths — certificate — taxpayers  —  brib- 
ery— fraud.  Every  elector  qualified  to  vote  at,  a 
general  election,  having  been  a  resident  of  the  school 
district  for  thirty  days  next  preceding  the  date  of 
election  shall  be  entitled  to  vote  at  school  elections, 
provided  that  he  has  been  first  duly  registered  as 
hereinafter  provided  in  this  act,  for  districts  hav- 
ing a  school  population  of  more  than  three  thou- 
sand. 

In  districts  of  the  first  and  second  classes  any 
person  who  may  desire  to  be  a  candidate  for  the 
office  of  school  director  shall  file  a  written  notice 
of  such  intention  with  the  secretary  of  the  school 
district  in  which  he  resides  at  least  eight  days  prior 
to. the  date  for  the  holding  of  the  election  of  school 
directors,  provided  that  in  districts  of  the  first  class 
the  said  candidate  or  candidates,  in  addition  to 
filing  such  written  notice  shall  also  file  a  certificate 
of  nomination  signed  by  not  less  than  fifty  qualified 
electors  of  said  district,  which  certificate  of  nomina- 
tion shall  contain  the  name  of  the  office  for  which 
such  person  or  persons  is  nominated,  the  name, 

201 


§  143  ELECTIONS 

Post  Office  address  and  residence  of  each  of  such 
persons,  and  if  in  a  city  the  street  number  of  resi- 
dence and  place  of  business,  and  the  secretary  of 
said  school  district  shall,  for  five  consecutive  days 
preceding  the  day  of  said  election  publish  in  some 
daily  newspaper  published  in  said  district,  or  wlien 
no  daily  newspaper  is  published  in  such  district, 
then  by  posting  a  printed  or  written  notice  in  not 
less  than  five  public  places  in  such  district  and  at 
each  school  house  in  such  district,  the  names  of  all 
candidates  who  have  been  nominated  as  above  pro- 
vided. 

In  districts  of  the  first  and  second  classes  the 
said  secretary  shall  have  printed  ballots  prepared 
bearing  the  names  of  all  candidates  so  nominated, 
which  names  shall  be  arranged  in  alphabetical  order, 
according  to  the  surnames  of  the  candidates;  and 
on  the  ballot  shall  be  printed  such  words  as  will  in- 
dicate the  .number  of  directors  or  members  of  the 
board  of  education  to  be  elected.  All  such  ballots 
shall  be  uniform  in  every  respect  and  of  sufficient 
length  and  width  to  allow  all  the  names  of  the  can- 
didates to  be  printed  in  clear  plain  type,  and  so  as 
to  give  each  elector  an  opportunity  to  designate  by 
a  cross-mark  (X)  in  a  sufficient  margin  at  the  right 
of  the  name  of  each  candidate,  his  choice  of  candi- 
dates. There  shall  be  printed  on  the  back  of  each 
ballot  the  following  endorsement : 

"  Official  Ballot  of  School  District  No in 

the'  County  of  and  State  of  Colorado," 

together  with  the  date  of  the  election  and  a  fac- 
simile of  the  signature  of  the  secretary  of  the  school 
district. 

202 


ELECTIONS  §143 

In  school  districts  having  a  school  population  of 
more  than  three  thousand,  no  person  shall  hereafter 
be  permitted  to  vote  at  any  school  election,  without 
first  having  been  registered  in  the  manner  required 
by  the  provisions  of  this  act. 

Any  person  possessing  all  the  qualifications  of 
an  elector  in  any  school  district,  whose  name  ap- 
pears on  the  registration  list  made  according  to  law 
for  the  general  election  of  county  officers  in  the 
county  in  which  the  school  election  precinct  in  which 
such  person  resides  is  situated  next  preceding  any 
school  election  in  such  district  shall  be  entitled  to 
vote  at  such  school  election. 

In  school  districts  having  a  school  population  of 
more  than  three  thousand,  any  person  possessing  all 
the  qualifications  of  an  elector,  whose  name  does 
not  appear  upon  the  registration  list  of  the  voting 
precinct,  in  which  he  resides,  made  according  to  law 
for  the  next  preceding  general  election  of  county 
officers  in  his  county  may,  not  less  than  thirty  days, 
nor  more  than  sixty  days  prior  to  the  time  of  any 
school  election,  appear  before  the  county  clerk  of 
the  county  in  which  he  resides,  or  if  the  district  is 
not  located  in  the  county  seat,  appear  before  the 
secretary  of  the  school  board  of  the  district  in  which 
he  resides,  and,  upon  making  oath  before  said  county 
clerk  or  district  secretary  of  his  qualifications  as 
an  elector,  and  answering  to  said  county  clerk  or 
district  secretary  all  the  questions  required  by  law 
to  be  answered  for  registration  for  a  general  elec- 
tion, cause  his  name  to  be  placed  upon  the  registra- 
tion list  for  such  school  election  by  said  county 
clerk  or  district  secretary. 

203 


§  143  ELECTIONS 

The  county  clerk  of  each  county  wherein  there 
shall  be  one  or  more  school  districts  having  a  school 
population  of  more  than  three  thousand  shall  prior 
to  the  time  of  holding  any  election  in  said  school 
district  make  a  full  and  complete  copy  of  the  regis- 
tration list  of  the  qualified  voters  of  each  school 
election  precinct  as  the  same  shall  be  designated 
and  bounded  by  the  board  of  directors  or  the  board 
of  education  of  any  such  school  district  having  a 
school  population  of  more  than  three  thousand, 
which  list  shall  contain  the  names  of  the  qualified 
voters  according  to  the  registration  list  made  for 
the  next  preceding  general  election  of  county  of- 
ficers, together  with  such  changes,  additions  and 
amendments  as  shall  have  been  made  by  said  county 
clerk  in  making  new  registrations  as  provided  by 
this  act,  and  shall  certify  the  same  under  his  hand 
and  official  seal,  and  shall  deliver  the  same  to  the 
secretary  of  such  school  district  not  less  than  five 
days  prior  to  the  time  of  the  holding  of  an  election 
in  said  school  district. 

The  said  school  district  shall  pay  to  the  county 
clerk  as  his  fee  for  making  and  certifying  said  reg- 
istration lists  the  sum  of  one  cent  for  each  and  every 
name  therein  contained  or  added  thereto  by  new 
registration. 

In  districts  of  the  first  and  second  classes  the 
board  of  directors  or  board  of  education  may,  not 
less  than  sixty  days  prior  to  the  time  of  the  hold- 
ing of  any  school  election  divide  the  district  into 
such  number  of  election  precincts  as  they  shall  see 
fit  and  fix  the  boundaries  of  the  same,  and  in  each 
case  they  shall  designate  one  voting  place  in  each 

204 


ELECTIONS  §  143 

of  said  election  precincts.  Immediately  upon  so  di- 
viding said  districts  the  secretary  of  any  school  dis- 
trict having  a  school  population  of  more  than  three 
thousand  shall  certify  to  the  county  clerk  of  the 
county  in  which  the  said  district  is  situated  the  lim- 
its and  boundaries  of  said  election  precincts.  'When- 
ever the  board  of  directors  or  board  of  education 
shall  divide  a  district  into  election  precincts  they 
shall,  prior  to  the  time  of  holding  such  election,  ap- 
point three  judges  for  each  of  the  said  election  pre- 
:?incts,  each  of  whom  shall  be  a  qualified  elector  of 
the  school  election  precinct  for  which  he  is  ap- 
pointed, who  shall  not  be  members  of  the  school 
board. 

In  school  districts  of  the  third  class  the  direct- 
ors or  members  of  the  board  of  education  shall  act 
as  judges,  and  each  voter  shall  prepare  his  own 
ballot  by  writing  the  name  of  the  candidate  or  can- 
didates for  whom  he  wishes  to  vote  on  a  piece  of 
paper. 

In  case  one  or  more  judges  of  election  shall  be 
absent  at  the  time  and  place  stated  in  the  notice  for 
the  opening  of  the  polls  and  ballot  boxes,  one  or 
more  duly  qualified  electors  shall  be  chosen  by  viva 
voce  vote  of  the  qualified  electors  present  to  fill  the 
vacancy  or  vacancies. 

Any  person  offering  to  vote  at  any  school  elec- 
tion in  any  district  may  be  challenged  by  any  legally 
qualified  elector  of  the  district  and  thereupon  the 
judges  of  election  or  one  of  them  may  require  him 
to  answer,  under  oath,  such  questions  touching  his 
qualifications  as  a  voter  as  they  see  fit.  One  of  the 
judges  shall  administer  to  him  the  oath,  as  follows : 

205 


§  143  ELECTIONS 

"I  do  solemnly  swear  or  affirm  that  I  am  a 
citizen  of  the  United  States;  that  I  have  resided  in 
this  state  for  one  year  immediately  preceding  this 
election;  in  this  county  ninety  days  and  in  4his 
school  district  thirty  days.  That  I  am  twenty-one 
years  of  age  and  that  I  have  not  previously  voted 
at  this  election,  so  help  me  God." 

If  the  person  so  challenged  shall  refuse  to  make 
such  oath  or  affirmation,  his  vote  shall  be  rejected. 
Each  candidate  voted  upon  at  any  school  election 
in  any  school  district  shall  have  the  right  to  appoint 
in  each  school  election  precinct  any  person  who  is  a 
qualified  elector  of  such  school  district,  to  remain 
with  the  polling  places  during  the  casting  and  count- 
ing of  votes  and  the  declaration  of  the  result  there- 
of. Such  watcher  may  also  act  as  challenger  when 
there  is  reason  to  believe  that  any  person  about  to 
vote  is  not  entitled  to  vote  at  such  election  precinct. 
If  any  elector  shall  vote  more  than  once  or  having 
voted  once  shall  offer  to  vote  again  at  any  school 
election  or  shall  deposit  or  offer  to  deposit  in  the 
ballot  box  at  any  school  election  more  than  one  bal- 
lot, he  shall  be  deemed  guilty  of  a  crime  and  upon 
conviction  thereof  he  shall  be  fined  not  less  than 
fifty  dollars  and  shall  be  imprisoned  in  the  county 
jail  for  not  less  than  three  months. 

Prior  to  the  time  of  any  school  election,  the  sec- 
retary of  each  school  district  of  the  first  class  shall 
provide  ballot  boxes  and  cause  to  be  prepared  two 
duplicate  poll-books  for  each  voting  place  in  his  dis- 
trict. On  the  first  page  of  said  poll-books  shall  be 
printed  a  blank  form  of  oath,  to  be  taken  by  each 
of  the  judges  of  election,  substantially  as  follows: 

206 


ELECTIONS  §  143 

"I,   ,  do  solemnly  swear   (or 

jiff  inn)  that  I  will  perform  the  duties  of  judge  of 
election  according  to  law,  and  to  the  best  of  my 
ability;  that  I  will  studiously  endeavor  to  prevent 
fraud,  deceit  and  abuse  in  conducting  same;  that 
T  will  not  try  to  ascertain  how  any  electors  shall 
vote,  and  if  in  the  discharge  of  my  duties  such 
knowledge  comes  to  me,  I  will  not  disclose  the  same 
unless  required  to  do  so  in  some  court  of  justice, 
so  help  me  God." 


Subscribed  and  sworn  to  before  me  this 
day  of A.  D 


Judge." 

The  said  oath  shall  be  taken  and  subscribed  by 
each  of  the  judges  of  election  before  any  votes  shall 
be  received.  Any  of  the  judges  of  election  shall 
have  the  power  and  authority  to  administer  said 
oath. 

The  next  succeeding  several  pages  of  said  poll- 
book  shall  contain  in  one  column,  a  series  of  num- 
bers beginning  with  the  number  one  and  in  an  ad- 
joining column,  spaces  opposite  said  numbers,  in 
which  a  judge  of  election  shall  write  the  names  and 
addresses  of  the  electors  as  they  respectively  present 
themselves  for  voting.  On  one  of  the  latter  pages 
of  said  poll-books  shall  be  printed  a  blank  form  of 
certificate  of  return,  substantially  as  follows: 

"To  the  Board  of  Education  of  School  District 

No in  the  County  of  ,  in 

the  State  of  Colorado: 

207 


§  143  ELECTIONS 

At  an  election  held  at in  elec- 
tion precinct  No of  said  school  district  on 

the  day  of A.  D , 

the  following  named  persons  received  respectively 
the  number  of  votes  placed  opposite  their  names  for 
the  office  of  director  or  member  of  the  board  of  edu- 
cation of  said  school  district,  to-wit: 

A.  B.  received votes. 

C.  D.  received votes. 

E.  F.  received votes. 

Gr.  H.  received votes. 

The  whole  number  of  votes  cast  was 

The  number  of  excess  ballots  was 

The  number  of  unused  ballots 

J.  K., 
0.  P., 
L.  M., 
Judges." 

In  school  districts  having  a  school  population  of 
more  than  three  thousand,  when  any  elector  ap- 
pears for  voting  he  shall  give  his  name  and  place 
of  residence  to  one  of  the  judges.  If  his  name  shall 
be  found  on  the  registration  list,  and  if  the  judges 
shall  be  satisfied  that  he  is  a  qualified  elector,  his 
name  and  address  shall  be  entered  by  the  judge  of 
election  having  charge  of  the  poll-books  in  the  col- 
umn prepared  for  that  purpose  provided  that  it 
shall  be  entered  in  each  poll-book  opposite  the  same 
number.  The  other  judge  shall  thereupon  write  on 
the  back  of  a  blank  ballot  with  ink,  or  indelible  pen- 
cil, the  number  opposite  that  an  elector's  name  in 
the  poll-book,  together  with  his  (the  judge's)  ini- 
tials, and  shall  hand  the  ballot  to  the  elector,  who 

208 


ELECTIONS  §  143 

shall  retire  with  it  within  the  enclosure  and  prepare 
it  for  casting  by  marking  a  cross  (X)  opposite  the 
names  of  those  candidates  for  whom  he  desires  to 
vote,  or  by  drawing  a  line  or  lines  through  the 
names  of  those  candidates  for  whom  he  does  not 
wish  to  vote  or  by  otherwise  indicating  his  choice. 
After  having  prepared  his  ballot,  the  elector  shall 
return  the  same  to  the  judge  from  whom  he  received 
it,  so  folded  as  to  expose  the  number  and  initials 
written  on  the  back  thereof  by  the  judge,  but  not 
disclose  the  marks  on  the  face  thereof  indicating 
the  elector's  vote.  That  judge  shall  examine  the 
number  and  the  initials  on  the  back  of  said  ballot, 
and  if  they  indicate  that  it  is  the  same  one  which 
was  issued  to  that  elector,  the  judge  shall  again 
write  his  initials  on  the  back  of  the  same,  and  re- 
turn it  to  the  elector,  who  shall  deposit  it  in  the  bal- 
lot-box. 

Provided,  however,  that  at  all  elections  held  for 
voting  upon  a  proposition  to  create  or  contract  a 
debt  by  loan  for  the  purpose  of  erecting  or  furnish- 
ing school  buildings,  or  purchasing  school  grounds, 
only  such  qualified  electors  of  the  district  shall  vote 
thereat  as  shall  have  paid  a  school  tax  in  such  dis- 
trict for  the  year  next  preceding  such  election. 

If  any  person  shall  falsely  personate  a  voter  and 
shall  vote  under  the  name  of  such  voter  he  shall 
be  deemed  guilty  of  a  crime  and  upon  conviction 
thereof,  he  shall  be  fined  not  less  than  fifty  dollars 
and  shall  be  imprisoned  in  the  county  jail  for  not 
less  than  three  months. 

It  shall  be  unlawful  for  any  person,  directly  or 
indirectly,  by  himself  or  through  any  other  person, 

209 


§  143  ELECTIONS 

(a)  To  pay,  loan  or  contribute,  or  offer  or  prom- 
ise to  pay,  loan  or  contribute,  any  money  or  other 
valuable  consideration  to  or  for  any  voter  to  vote 
or  refrain  from  voting  at  any  school  election  pro- 
vided by  law,  or  to  induce  any  voter  to  vote  or  re- 
frain from  voting  at  such  election  for  any  particular 
person  or  persons,  or  to  induce  such  voter  to  go  to 
the  polls,  or  remain  away  from  the  polls  at  such 
election,  or  on  account  of  such  voter  having  voted 
or  refrained  from  voting  for  any  particular  person, 
or  having  gone  to  the  polls  or  remained  away  from 
the  polls  at  such  election. 

(b)  To  give,  offer  or  promise  any  office,  place 
or  employment,  or  to  promise  or  procure  or  endeavor 
to  procure  any  office,  place  or  employment,  to  or 
for  any  voter,  or  to  or  for  any  other  person,  in  or- 
der to  induce  such  voter  to  vote  or  refrain  from 
voting  at  any  school  election  provided  by  law,  or  to 
induce  any  voter  to  vote  or  refrain  from  voting  at 
such  election  for  any  particular  person  or  persons. 

(c)  To  advance  or  pay,  or  cause  to  be  paid,  any 
money  or  valuable  thing  to  or  for  the  use  of  any 
person,  with  the  intent  that  the  same  or  any  part 
thereof  shall  be  used  in  bribery  at  any  school  elec- 
tion provided  by  law,  or  to  knowingly  pay  or  cause 
to  be  paid  any  money  or  other  valuable  thing  to  any 
person  in   discharge  or  repayment  of   any  money, 
wholly  or  in  part,  expended  in  bribery  at  any  such 
election. 

Any  person  convicted  of  any  of  the  offenses  men- 
tioned in  paragraphs  (a),  (b)  and  (c)  of  this  act 
shall  be  punished  by  a  fine  of  not  less  than  fifty 
dollars  nor  more  than  five  hundred  dollars,  or  im- 

210 


ELECTIONS  §143 

prisonment  in  the  county  jail  for  not  less  than  six 
months  nor  more  than  one  year,  or  by  both  fine  and 
imprisonment. 

If  any  elector  at  any  school  election  shall  be 
guilty  of  wilful  and  corrupt  false  swearing  or  affirm- 
ation by  any  oath  or  affirmation  prescribed  by  law 
in  the  conduct  of  such  election,  such  person  shall 
be  deemed  guilty  of  perjury  and  upon  conviction 
thereof  shall  be  punished  by  a  fine  of  not  less  than 
fifty  dollars  or  to  exceed  five  hundred  dollars  or 
imprisonment  in  the  county  jail  not  to  exceed  one 
year. 

If  any  judge  or  clerk  of  a  school  election  shall 
knowingly  and  wilfully  permit  any  person  to  vote  at 
any  school  election  who  is  not  entitled  to  vote  there- 
at, or  shall  knowingly  and  wilfully  permit  any  per- 
sons to  vote  more  than  once  at  such  election,  or 
shall  knowingly  and  wilfully  permit  any  person  to 
deposit  more  than  one  ballot  in  the  ballot  box  at 
such  election,  or  shall  be  guilty  of  any  fraud  in  the 
conduct  of  any  such  election,  or  shall  knowingly 
permit  the  commission  of  any  fraud  or  deceit  on  the 
part  of  any  other  person  in  the  conduct  of  such 
election,  such  judge  or  clerk  shall  be  deemed  guilty 
of  a  crime,  and  upon  conviction  thereof  shall  be 
fined  not  less  than  fifty  dollars  and  shall  be  im- 
prisoned in  the  county  jail  for  not  less  than  three 
months.—  s.  L.  'ii,  p.  589 

Note.  See  Qualifications  of  Electors,  article  VII,  section  1, 
constitution. 

Change  of  residence. 

a.  To  constitute  a  change  of  residence  qualifying  one 
to  vote,  the  abandonment  of  the  old  residence  must  be 
actual,  and  the  mere  intention  to  change  the  domicile,  un- 

211 


§143    .  ELECTIONS 

accompanied    by    an    actual    removal,    does   not   constitute 
such  change. — People  v.  Turpin,  49  C.  234 

Qualifications  of  electors. 

1.  If  persons  spend  the  winter  in  town,  voting  in  the 
town  in  the  fall,  and  return  to  their  homes  in  another  dis- 
trict less  than  thirty  days  previous  to  a  school  election, 
they  are  not  entitled  to  vote,  since  their  action  in  voting  in 
the  November  election  is  a  declaration  of  their  residence 
in  the  town. 

2.  Every    person,   male   or   female,    over   the   age    of 
twenty-one  (21)  years,  who  shall  be  a  citizen  of  the  United 
States,  and  shall  have  resided  in  this  state  twelve    (12) 
months   immediately   preceding  the   election   at  which   he 
offers  to  vote,  in  the  county  ninety  (90)   days,  and  in  the 
district  thirty   (30)   days,  shall  be  a  legal  voter  at  an  an- 
nual school  election. 

3.  In   third   class   districts — that   is,   districts   having 
under  350  school  population — the  provision  of  section  143, 
requiring  eight  days'  notice  of  candidacy,  is  not  applied. 
It  is  only  in  districts  of  the  first  and  second  class — dis- 
tricts having  over  350  school  population — that  candidates 
are  required  to  file  written  notice  of  such  intention  with 
the  secretary  of  the  school  district  at  least  eight  days  prior 
to  the  day  of  holding  the  annual  election. 

4.  The  fact  that  an  elector  is  not  a  taxpayer  does  not 
disqualify  him  from  holding  office,  either  by  election  or  by 
appointment. 

5.  There   is  nothing  illegal  in   a  man  and   his  wife 
being  members  of  the  same  school  board.    Since  more  than 
one  director  may  be  elected  from  the  same  family. 


When  election  illegal. 

6.  An  election  is  not  illegal  simply  because  some  per- 
sons were  not  permitted  to  vote,  even  if  it  is  shown  that 
such  persons  had  a  right  to  -vote.     If  the  ballots  excluded 
would   change   the   result  of  the  election  there  would   be 
strong  grounds  for  contesting  the  election.     The  law  does 
not  provide  for  the   imposing   of   fines   upon   members   of 
school  boards  who  have  not  allowed  persons  to  swear  in 
their  votes. 

7.  If   the   candidate   who   received    the   twenty    votes 
was  not  a  qualified  elector,  his  election  was  invalid,  and 
a  special  election  should  be  called  by  the  board  within  ten 
days  and  notice  be  given  as  required  for  regular  election. 

212 


RL/ECTIONS  §  143 

Judges  of  election  must  take  oath. 

8.  A   school    board    of   a   first   class    district  can    not 
legally  appoint  any  one  to  act  as  judge  of  a  school  election 
without   requiring   such   person   to  take   the  oath   for  the 
same. 

Legal  voter. 

9.  If  you  are  not  a  resident  of  the  district  you  could 
not  legally  be  elected  as  a  director  of  that  district. 

10.  Actual  residence  determines    one's    voting    place. 
The  fact  that  a  person  has  "taken  up"  a  homestead,  but  is 
not  at  the  time  he  offers  to  vote  located  upon  his  home- 
stead, does  not  deprive  him  of  the   right  to  vote  in  the 
place    of  his  actual  residence;   but  if  a  person  is  holding 
a  homestead  claim  in  good  faith,  he  must  retain  his  resi- 
dence in  the  school   district  in   which  said   homestead   is 
located. 

11.  A  person  who  has  lived  in  a  district  for  over  a 
year  and  a  half  and  who,  after  teaching  six  weeks  in  the 
district,  goes  away  for  a  certain  time,  expecting  to  return, 
is  entitled  to  vote  in  such  district  if  possessed  of  the  other 
legal  qualifications. 

When  an  elector  not  a  taxpayer  can  vote. 

12.  Any  person  not  a  taxpayer,  but  otherwise  a  legal 
voter,  is  entitled  to  vote  at  a  regular  or  special   district 
school  meeting  upon  all  matters  coming  before  such  meet- 
ing, except  upon  a  proposition  to  contract  a  debt  by  loan. 

13.  It  is  not  necessary  that  an  elector  voting  to  place 
free  text  books  in  a  school  should  have  been  a  taxpayer  in 
the  school  district  for  the  year  preceding  the  election. 

14.  It  is  not  necessary  that  one  should  be  a  taxpayer 
to  vote  on  the  question  as  to  where  a  school  is  to  be  held 
or  a  school  building  is  to  be  erected.    Any  legally  qualified 
elector  has  a  right  to  vote  on  all  questions  save  those  re- 
lating to  bonded  indebtedness. 

Must  ~be  taxpayer  to  vote  on  bonds. 

15.  All  legal  voters  who  are  residents  in  a  joint  dis- 
trict may  vote  upon   any  questions   pertaining   to   school 
matters  of  said  district,  save  in  the  matter  of  bonds,  which 
requires  a  voter  to  be  also  a  taxpayer. 

Who  may  challenge  oath. 

16.  A  person  residing  outside  of  the  boundaries  of  a 
proposed   new   district  has  no   legal   right  to  challenge  a 
voter  residing  within  the  same. 

213 


§  144  ELECTIONS 

17.  The  president  of  a  school  board,  .when  acting  as 
a  judge  of  election,  can  administer  the  oath  to  a  challenged 
voter,  the  fact  that  the  president  requires  the  oath  being 
equivalent  to  a  challenge. 

Procuring   site   for  school   house. 

18.  The  proposition  to  build  a  school  house  includes 
procuring  a  site  therefor.     The  interpretation  of  the  law 
relative  thereto  is:    First,  that  a  vote  is  necessary;  second, 
that  if  the  land  were  purchased  without  such  a  vote,  the 
sale  would  be  invalid;   third,  section  143  of  the  school  law, 
will  govern  the  qualifications  of  voters. 

Who  may  "be  director. 

19.  A  person  cannot  legally  be  elected  a  director  who 
is  not  a  resident  of  the  district. 

20.  The  laws  of  Colorado  do  not  in  any  way  prohibit 
a  saloonkeeper  from  holding  office  as  a  school  director,  if 
he  has  been  elected  to  that  office  in  a  legal  manner. 

21.  More  than  one  director  may  be  elected  from  the 
same  family. 

Candidacy — when  vacancy  occurs. 

22.  In  the  first  class  district,  when  a  vacancy  occurs 
after  the  advertisement  of  the  regular  election,  any  per- 
son desiring  to  become  a  candidate  for  director,  may  do 
so  by  filing  a  written  notice  of  such  intention  with  tne 
secretary  of  the  board  at  least  eight  days  prior  to  the  day 
of  holding  the  election.     If  the  vacancy  occurs  after  eight 
days  before  election,  the  board  should  fill  the  vacancy  un- 
til the  regular  election. 

144.  Counting  votes — special  election — excess 
ballots — disposition  of  poll  books — canvass  of  votes 
— contest.  Immediately  after  the  close  of  the  polls 
the  judges  shall  open  the  ballot  box  and  proceed  to 
count  the  votes  polled,  and  shall  continue  to  count 
without  adjournment  until  finished.  If,  for  any* 
cause,  no  election  be  held  at  the  regular  time,  or 
if,  upon  counting  the  votes,  there  be  a  tie  vote  for 
any  one  or  more  of  the  officers,  a  special  election 
shall  be  called  by  the  board  within  ten  days,  and 
notice  thereof  given  as  required  in  section  5918 

214 


ELECTIONS  §144 

of  the  revised  statutes  of  the  state  of  Colorado  of 
1908,  as  hereby  amended.  A  failure  to  give  the 
prescribed  notice  of  such  special  election  shall  ren- 
der the  election  void. 

If  in  school  districts  of  the  first  class  it  shall 
be  found  that  the  number  of  ballots  in  the  box  or 
boxes  exceeds  the  number  of  names  entered  in  the 
poll  books,  the  judges  of  election  without  unfolding 
the  ballots,  shall  examine  the  endorsement  on  the 
backs  of  the  same,  and,  if  in  their  opinion  any  one 
or  more  of  them  is  spurious,  they  shall  be  separated 
from  the  others  unopened,  and  shall  not  be  counted, 
but  shall  be  enclosed  in  a  package  by  themselves, 
marked  " excess  ballots"  and  returned  to  the  bal- 
lot box.  A  record  of  the  number  of  such  excess  bal- 
lots shall  be  made  and  certified  to  the  board  of  di- 
rectors or  board  of  education  in  the  certificate  of 
returns. 

As  soon  as  all  the  ballots  shall  have  been  counted 
the  judges  shall  make  out  the  certificate  of  returns 
in  each  poll-book  in  duplicate,  under  their  hands, 
stating  the  number  of  votes  cast,  the  number  of  ex- 
cess ballots,  and  the  number  of  unused  ballots  and 
the  number  of  votes  received  by  each  candidate 
in  both  words  and  numerical  figures. 

One  of  the  poll-books,  together  with  the  regis- 
tration list  of  voters,  shall  be  enclosed  and  sealed 
under" cover,  and  forthwith  delivered  by  one  of  the 
judges  to  the  secretary  of  the  board  of  education 
or  board  of  directors  of  said  school  district. 

After  the  ballots  have  been  counted  they  shall 
be  returned  to  the  ballot  box,  together  with  one  of 
the  poll-books;  the  ballot  box  shall  thereupon  be 

215 


§  144  ELECTIONS 

closed,  locked  and  sealed  by  the  judges  of  election 
and  shall  forthwith  be  returned  to  the  secretary  of 
the  board  of  directors  or  board  of  education  of  that 
school  district  by  one  of  the  judges  other  than  the 
one  designated  to  return  the  poll-books  and  regis- 
tration list.  If  the  judges  of  election  can  not  agree 
upon  the  question  of  which  of  them  shall  return 
the  poll-books  and  registration  list,  and  which  the 
ballot  box,  all  three  of  the  judges  shall  return  both 
together. 

Upon  receiving  the  ballot  box  and  the  poll-books 
and  registration  list  the  secretary  of  the  board  of 
directors  shall  give  his  receipt  therefor.  Imme- 
diately upon  receiving  all  the  returns  of  election 
the  secretary  shall  call  a  meeting  of  the  board  of 
directors  or  board  of  education  to  meet  not  more 
than  twenty-four  hours  later.  At  such  meeting  the 
board  of  directors  or  board  of  education  shall  pro- 
ceed to  open  and  examine  the  said  certificate  of  re- 
turns and  shall  canvass  the  votes  cast,  and  it  shall 
be  the  duty  of  the  said  board  immediately  upon  the 
conclusion  of  such  canvass  to  make  out  and  deliver 
a  certificate  of  election  to  the  candidates  who  shall 
receive  the  highest  number  of  votes,  or  where  there 
is  more  than  one  vacancy  to  be  filled,  to  those  can- 
didates who  shall  receive  the  highest  number  of 
votes,  which  said  certificate  shall  be  signed  by  the 
president  and  secretary  of  the  board  and  bear  the 
impression  of  the  corporate  seal  of  the  board. 

The  board  of  education  shall  preserve  the  ballot 
boxes  unopened  and  intact  until  thirty  days  prior 
to  the  next  school  election,  when  the  secretary  shall 
open  the  same  and  burn  their  contents,  unless  the 

216 


ELECTIONS  §  144 

board  shall  be  required  to  produce  them  in  court  of 
justice. 

Proceedings  to  contest  the  election  of  any  per- 
son declared  duly  elected  as  a  member  of  the  board 
of  education  of  any  district  in  this  state  may  be 
instituted  by  any  qualified  elector  of  such  school 
district.  Such  proceedings  shall  be  instituted  with- 
in ten  days  after  the  votes  cast  at  such  election  are 
c.'invassed. 

The  county  court  of  the  county  wherein  a  school 
district  shall  be  situated  shall  have  jurisdiction  for 
the  adjustment  of  all  contests  for  the  office  of  di- 
rector or  member  of  the  board  of  education  of  any 
school  district.  In  such  cases  the  rules  of  practice 
and  procedure  in  contested  elections  for  the 
office  of  sheriff  shall  apply,  as  far  as  applicable. 
— 8.  L.  '11,  p.  596 

Tie  vote — special  election. 

1.  In  the  case  of  there  being  a  tie  in  the  vote  of  two 
candidates   for  the   same  position  at  a  school  election,   it 
would  be  necessary  to  hold  a  special  election  for  the  of- 
fice,   in    accordance    with    the    rules    provided    for    special 
meetings. 

2.  At  a  school  election,  in  case  of  a  tie  vote,  it  is  the 
intent  of  the  school  law  to  provide  that  notice  of  another 
election  shall  be  posted  within  ten  days. 

3.  In  the  matter  of  calling  a  second  special  meeting 
for  the  election  of  directors  in  case  of  a  tie  vote,  the  law 
contemplates  no  such  action.     In  case  a  special  election  is 
not  called  within  ten  days  after  the  time  of  holding  the 
regular  annual   meeting,   or  in  case  a  special   meeting  is 
duly  called  within  the  ten  days,  but  a  tie  vote  is  cast,  no 
other  meeting  for  the  election  of  directors  can  be  called, 
and   the  vacancy  should  be  filled  by  the  county  superin- 
tendent. 

4.  In  districts  of  the  second  class  in  case  there  is  no 
regular  nominee  an  election  can  not  be  legally  held,  and 
a  special  election  should  be  called  by  the  board  within  ten 
days,  or  in  case  of  the  failure  of  the  board  to  have  prop- 

217 


§  145  ELECTIONS 

erly  called  such  a  special  election,  the  county  superintend- 
ent should  appoint. 

Power  of  judges. 

5.  The  judges  must  determine  who  is  legally  elected. 
They  have  the  power  to  throw  out  an  illegal  vote,  provid- 
ing it  is  done  before  a  signed  report  of  said  election  is 
transmitted  to  the  school  board,   or  the  final   decision   is 
given.     A  special  meeting  is  only  called  in  case  of  a  tie, 
and  must  be  within  ten  days  after  the  election. 

Contests — question  for  courts. 

6.  The  result  of  a  school  election  must  stand  as  an- 
nounced by  the  judges  until  set  aside  through  legal  pro- 
ceedings contesting  the  election.     An  election  contest  is  a 
question  for  the  courts  to  decide. 

7.  The  county  superintendent  has  no  authority  to  set 
aside  an  election,  as  it  can  only  be  done  by  the  courts,  and 
the  county  court  of  your  county  will  have  jurisdiction  in 
the  matter. 

When  county  superintendent  fills  vacancy. 

8.  If  the  annual   election   of  school   directors   is   not 
held,  and  a  special  election   is  not  called  within  the  re- 
quired ten  days  thereafter,  it  then  devolves  upon  the  coun- 
ty superintendent  to  fill  vacancies  by  appointment. 

Old  board  not  hold  over. 

9.  If  an  election  of  school  directors  is  not  held,  the 
old  board  does  not  hold  over.    The  law  provides  that,  with- 
in ten* days  after  election,  notice  should  be  posted  of  an- 
other election. 

Continued  meeting. 

10.  When  a  meeting  follows  after  the  ballot  box  has 
been  closed  at  an  annual  meeting,  it  may  be  regarded  as 
simply  a  continuation  of  the  first  meeting. 

145.  Applies  to  all  school  elections.  The  gen- 
eral provisions  of  sections  44,  45,  46,  shall  be  appli- 
cable to  all  school  elections,  whether  general  or  spe- 
cial, or  for  whatever  purpose  held.— R.  s.  5921 

Note.  Sections  44,  45  and  46  above  referred  to  are  sections 
143  and  144.  ' 

218 


ELECTORS 

146.  Qualifications   of  electors.     Every   person 
over  the  age  of  21  years,  possessing  the  following 
qualifications,  shall  be  entitled  to  vote  at  all  elec- 
tions : 

First — He  shall  be  a  citizen  of  the  United  States. 

Second — He  shall  have  resided  in  this  state  one 
year  immediately  preceding  the  election  at  which 
he  offers  to  vote ;  in  the  county,  90  days ;  in  the  city 
or  town,  30  days;  and  in  the  ward  or  precinct,  10 
days.—  R.  8.  2146 

Note.  Section  143  also  requires  that  a  person  voting  at  a 
school  election,  in  addition  to  the  above  qualifications,  must  re- 
side in  the  school  district  thirty  days  previous  to  the  school 
election.  See  also,  article  X,  section  1,  of  constitution. 

147.  Women   vote — qualifications.    That    every 
female  person  shall  be  entitled  to  vote  at  all  elec- 
tions, in  the  same  manner  in  all  respects  as  male 
persons  are,  or  shall  be  entitled  to  vote  by  the  con- 
stitution and  laws  of  this  state,  and  the  same  qual- 
ification as  to  age,  citizenship,  and  time  of  residence 
in  the  state,  county,  city,  ward  and  precinct;  and 
all   other  qualifications  required  by  law  to   entitle 
male  persons  to  vote  shall  be  required  to  entitle  fe- 
male persons  to  vote.— R.  S.  2147 

148.  Powers  of  electors  at  meetings.    The  qual- 
ified electors  of  districts  of  the  third  class,  when 
assembled  at  any  regular  or  special  meeting  shall 
have  power: 

First — To  appoint  a  chairman  and  secretary  in 
the  absence  of  the  regular  officers. 

Second — To  adjourn  from  time  to  time,  as  oc- 
casion may  require. 


§  148  ELECTORS 

Third — To  fix  the  site  for  each  school  house,  tak- 
ing into  consideration  in  doing  so  the  wants  and 
necessities  of  the  people  of  each  portion  of  the  dis- 
trict. 

Fourth — To  order  such  tax  on  taxable  property 
of  the  district  as  the  meeting  shall  deem  sufficient 
for  any  of  the  following  purposes:  To  pay  teach- 
ers ;  to  purchase  or  lease  a  suitable  site  for  a  school 
house  or  school  houses;  to  build,  rent  or  purchase 
a  school  house  or  school  houses;  and  to  keep  in 
repair  and  furnish  the  same  with  the  necessary  fuel 
and  appendages;  for  procuring  libraries  for  the 
schools,  books  and  stationery  for  the  use  of  the 
board  and  district  meetings,  and  to  defray  all  other 
contingent  expenses  of  the  district. 

Fifth — To  direct  the  sale  or  other  disposition  to 
be  made  of  any  school  house,  or  the  site  thereof, 
and  of  such  other  property,  real  or  personal,  as  may 
belong  to  the  district,  and  to  direct  the  manner  in 
which  the  proceeds  arising  therefrom  shall  be  ap- 
plied. 

Sixth — To  transact  generally  such  business  as 
may  tend  to  promote  the  cause  of  education,  in  ac- 
cordance with  the  provisions  of  this  act. 

Seventh — To  adopt  any  rules  of  order  for  the 
government  of  district  meetings  not  incompatible 
with  the  provisions  of  this  act,  and  to  alter  and 
change  the  same  from  time  to  time,  as  occasion  may 
require.— .R.  s.  5955 

Livery  stable  certain  distance  from  school. 
a.  An  ordinance  prohibiting  a  livery  stable  in  any 
block  in  which  a  school  building  is  situated,  or  in  any 
block  opposite  such  a  block,  without  reference  to  the 
manner  in  which  such  stable  is  constructed,  kept  or  used, 
and  without  specifying  distance,  cannot  be  considered  as 


ELECTORS  §  148 

reasonable,  and  so  is  invalid. — Phillips  v.  City  of  Denver, 
19  C.  179 

Electors  levy  special  tax. 

b.  The  power  to  levy  a  special  tax  in  a  school   dis- 
trict of  the  third  class  is  by  statute  vested  in  the  electors 
thereof  and  cannot  be  exercised  by  the  board  of  directors. 
—County  Comrs.  v.  R.  R.  Co.,  3  C.  A.  398 

Lien  law  not  apply  school  buildings. 

c.  The  provisions   of  the  mechanics  lien  law   cannot 
be  applied  to  public  school  buildings. — Florman  v.  School 
Dist.,  6  C.  A.  319 

Who  may  vote. 

1.  Any  person  not  a  taxpayer,  but  otherwise  a  legal 
voter,   is  entitled  to  vote  at  a  regular  or  special  district 
school  meeting  upon  all  matters  coming  before  such  meet- 
ing, except  upon  a  proposition  to  contract  a  debt  by  loan. 

2.  All  legal  voters  who  are  residents  in  a  joint  dis- 
trict  may   vote   upon    any   questions   pertaining   to   school 
matters  of  said  district,  save  in  the  matter  of  bonds,  which 
requires  a  voter  to  be.  also  a  taxpayer. 

3.  It  is  not  necessary  that  one  should  be  a  taxpayer 
to  vote  on  the  question  as  to  where  a  school  is  to  be  held 
or  a  school  building  is  to  be  erected.     Any  legally  qualified 
elector  has  a  right  to  vote  on  all  questions  save  those  re- 
lating to  bonded  indebtedness. 

Site  of  school  house  determined  by  electors. 

4.  The  site  for  a  school  building  in  districts  of  the 
third  class  can  be  selected  or  changed  only  by  vote  of  the 
electors  taken  at  the  annual  meeting,  or  a  special  meeting 
legally  called  for  that  purpose. 

5.  A  board  of  school  directors  can  not  legally  change 
the  site  for  a  school  building  which  has  been  selected  by 
a  legal  vote  of  the  electors  of  such  district. 

6.  When  the  electors  of  a  school  district,  at  a  legal 
meeting,  vote  to  erect  a  building  on  the  school  site  of  the 
district  to  be   used  as   a  teacher's   residence,   and   vote  a 
special  tax  for  that  purpose,  such  action  legally  authorizes 
the  directors  of  the  district  to  contract  for  the  erection  of 
such  a  building. 

7.  The  law  does  not  require  that  a  school  house  shall 
be  placed  on  a  public  road. 

8.  The  school  board  of  a  third  class  district  has  no 
right  to  move  school  buildings  unless  directed  to  do  so  by 
vote  of  the  electors  of  the  district. 

221 


§  148  ELECTORS 

9.  The  power  to  fix  the  site  for  school  houses  neces- 
sarily includes  the  power  to  fix  the  location  of  the  school, 
and  after  a  majority  of  the  voters  of  the  district   (third 
class)  have  decided  to  have  the  site  of  the  school  house  in 
a  certain  portion  of  the  district,  it  would  hardly  be  held  to 
be  within  the  power  of  the  board  to  defeat  the  will  of  the 
electors  by  establishing  a  school  in  some  other  place. 

10.  No  petition  is  necessary  to  bring  the  question  of 
selecting  a  site  for  a  school  house  before  the  electors  con- 
cerned. 

11.  The  location  of  a  school  house  is  for  no  definite 
time,  and  a  vote  may  be  taken  on  the  question  of  moving 
the  school  house  as  often  as  a  meeting  for  the  purpose  can 
be  legally  called. 

12.  A  school  district  has  not  a  legal  site  if  the  school 
is  on  what  was  formerly  government  land,  but  which  land 
has  since  been  filed  on  under  homestead  law. 

Building  of  school  House,  determined  ~by  board. 

13.  In  building  a  school  house  the  board  of  directors 
must  keep  within  the  appropriation  of  the  electors.     If  it 
is  desired  to  spend  more  money  than  the  original  appro- 
priation, a  meeting  of  the  electors  must  be  held  to  deter- 
mine whether  they  will  authorize  the  additional  expendi- 
ture. 

14.  The  law  does  not  specify  the  manner  in  which  a 
school   board   shall   proceed   in   the   matter   of  building   a 
school   house   or  whether   such  board   shall   advertise   for 
bids  or  not.    The  board  is  permitted  to  exercise  discretion 
in  the  matter,  having  in  view  at  all  times  the  best  interest 
of  the  district. 

15.  A  sale  of  a  school  house,  unless  authorized  by  vote 
of  the  electors  of  the  district,  is  void  and  may  be  set  aside 
in  the  proper  proceedings  instituted  by  any  elector  of  the 
district  or  by  the  county  superintendent. 

16.  The  proposition  to  build  a  school  house  includes 
procuring  a  site  therefor.     The  interpretation  of  the  law 
relative  thereto  is:     First,  that  a  vote  is  necessary;  second, 
that  if  the  land  were  purchased  without  such  a  vote,  the 
sale  would  be  invalid;  third,  section  143  of  the  school  law 
will  govern  the  qualifications  for  voters. 

17.  The   board   has   no   authority    to   build   a   school 
house  except  when  directed  to  do  so  by  a  vote  of  the  dis- 
trict; the  fund  remaining  in  the  treasury  can  not  be  used 
for  building  a  school   house,   except  upon   a  vote   of   the 
electors. 


ELECTORS  §  148 

18.  School  must  be  held  in  a  building  situated  within 
the  boundaries  of  the  district. 

19.  The  electors  of  the  district  have  the  power  to  di- 
rect the  sale  of  the  school  house  and  the  site  and  to  em- 
power the  board  to  sell  to  the  county  commissioners  at  the 
stated  offer  if  they  are  so  inclined;  and  there  is  no  law  re- 
quiring it  to  be  advertised  and  sold  if  the  electors  wish  to 
make  a  private  sale. 

20.  The   electors   of   a   district  are   the   only    persons 
who  have  power  to  levy  tax  for  the  purpose  of  building 
school  houses. 

21.  Directors  of  first  and  second  class  districts  have 
a  right  to  sell  a  school  building  when  directed  so  to  do  by 
"he  electors  at  a  special  meeting  called  for  that  purpose. 
Such  sale  should  be  made  in  the  manner  prescribed  by  the 
electors,  which  ordinarily  should  be  at  public  sale   after 
proper  advertisement. 

22.  The  building  of  a  school  house  as  permitted  by 
vote  of  the  electors  at  the  last  meeting  would  be  lawful  if 
;he  meeting  was  a  legal  meeting,  even  though  the  vote  was 
taken    in    reconsideration    of    the    question    as    previously 
passed  upon. 

23.  The  electors  of  a  district  when  assembled  at  the 
regular  annual  school  meeting  in  a  district  of  the  third 
class  have  a  right  to  instruct  the  school  board  as  to  what 
the  material  of  a  new  school  building  shall  be. 

Taxes. 

24.  In  regard  to  the  method  of  raising  money  to  build 
school   building,   the   law   prohibits  the   issuing  of  war- 
rants in  excess  of  the  revenues  of  the  district  for  the  cur- 
rent year;   therefore  an  arrangement  for  issuing  warrants 
)ayable  in  one,  two  and  three  years,  the  qualified  voters  to 

vote  a  levy  to  be  collected  in  one,  two  and  three  years  to 
pay  the  warrants,  would  not  be  legal.  The  voters  have  no 
authority  to  vote  a  levy  except  for  the  current  year  and 

t  would,  therefore,  only  be  possible  to  raise  the  money  by 
voting  bonds  for  the  amount  if  the  electors  do  not  wish  to 

evy  the  whole  tax  in  one  year. 

25.  In  any  district  of  the  third  class  a  levy  on  tax- 
able property  must  be  made  by  the  qualified  voters  when 
assembled  at  any  regular  or  special  meeting,  and  such  levy 
can  not  be  made  by  board  of  directors. 

26.  The  law  requires  a  majority  vote  for  a  special  tax 
evy  and  the  amount  of  the  levy   should  be  fixed  by  the 

electors  at  a  regular  or  special  election. 

223 


§  148  ELECTORS 

Special   levy. 

27.  After  a  levy  is  made  for  a  special  purpose  in  a 
school   district,  and  is   also  made  by  the  county  commis- 
sioners,  warrants   may   be   drawn   to   the   amount   of   the 
revenue  for  the  current  year. 

28.  There  is  no  limit  to  the  special  levy  in  first  and 
second  class  districts. 

29.  There  is  no  law  authorizing  the  levy  of  a  tax  for 
a  sinking  fund,  but  section  148  of  the  school  law  does  au- 
thorize the  levying  of  a  tax  for  building  purposes.     The 
law  has  been  interpreted  to  mean  that  the  tax  levied  under 
it  must  be  for  a  specific  purpose,  as  for  building  a  school 
house,  purchasing  a  site,  etc. 

30.  The  special  tax  levy  should  be  made  previous  to 
sending  in  the  annual  report  of  the  secretary  of  the  dis- 
trict.   The  levy  can  be  certified  to  legally  by  two  members 
of  the  board. 

31.  In  the  call  or  notice  of  a  special  or  annual  school 
meeting  it  is  illegal  to  specify  the  amount  of  a  proposed 
levy  and  to  require  electors  to  vote  for  or  against  the  levy 
thus  proposed,  without  discussion  or  amendment. 

32.  When  the  electors   have  voted   a   definite  special 
levy  for  building  a  school  house,  the  board  can  not  spend 
in  building  said  school  house  more  than  the  proceeds  of 
said  special  levy,  unless  so  directed  by  the  electors. 

31  While  the  law  does  not  permit  the  changing  of 
a  tax  levy  made  at  the  annual  meeting  in  May  and  certi- 
fied to  by  the  school  board  of  the  district,  the  district 
would  have  a  right  to  call  a  special  meeting  to  vote  an  ad- 
ditional special  tax  of  two  or  any  other  number  of  mills 
that  would  be  inside  the  limit  up  to  which  a  third  class 
district  is  permitted  to  levy. 

34.  According  to  legal  decisions  in  this  state,  a  special 
tax  can  be  voted  at  other  than  the  annual  meeting.     Para- 
graph 4,  section  148,  of  the  school  law  has  been  interpreted, 
in    connection   with    the    introduction    of    such    section   to 
authorize  this. 

35.  A  vote  of  the  electors  authorizing  a  tax  levy  for 
building  purposes  is  not  sufficient.    The  vote  should  include 
both  the  amount  of  tax  levy  and  the  authority  to  erect  a 
school  building. 

Free  text-books  ty  vote  of  people. 

36.  In   case   of  a   new   district   formed   from  one   in 
which   text   books   are    furnished    free,    such    new    district 
should  be  entitled  to  its  pro  rata  share  of  those  on  hand 
and  the  question  of  supplying  additional  free  text  books 

224 


ELECTORS  §148 

in  such  new   district  must  be  submitted  to  a  vote  of  the 
people. 

37.  The  board  o£  directors  must  furnish  books  for  all 
pupils  when  instructed  to  do  so  by  a  majority  vote  of  the 
electors  of  their  district,  as  expressed  at  any  regular  meet- 
ing or  special  meeting  called  for  that  purpose. 

38.  In  regard  to  a  district  board  furnishing  free  text- 
books, the  provisions  of  the  law  mean  that  a  majority  of 

votes  cast  upon  the  question  of  providing  free  text- 
books for  the  district  shall  govern,  and  not  a  majority  of 
all  the  electors  residing  in  the  district. 

39.  The  fact  that  a  district  has  voted  to  furnish  free 
text-books  to   its  school   children,  and  has  done  so  for  a 
number  of  years,  does  not  permanently  bind  the  district  so 
to  furnish  the  text-books.     If  brought  up  in  the  manner 
prescribed   by  law,  the  district  may  again  vote  upon  the 
matter. 

Tuition. 

40.  Section  124  herein  provides  that  when  a  pupil  re- 
sides remotely  from  the  school  house  in  his  district,  and  a 
school   house   is  more  accessible   in   an  adjoining  district, 
he  shall  be  permitted  to  attend  the  latter  and  be  granted  the 
same  privileges  as  a  resident  pupil.     This  right  is  manda- 
tory on  both  boards  of  directors,  and  can  only  be  defeated 
on  the  ground  of  insufficient  room  in  the  latter  district, 
and  the  board  of  his  district  is  obliged  to  pay  the  tuition 
agreed  upon  by  the  two  boards,  or,  upon  their  failure  to 
agree,  that  fixed  by  the  county  superintendent. 


225 


EXAMINATIONS 


149.  Examination  of  teachers — deputy — com- 
pensation. On  the  third  Thursday  in  August,  De- 
cember and  March  in  each  year  he  shall  meet  all 
persons,  of  not  less  than  eighteen  years  of  age,  de- 
sirous of  passing  an  examination  as  teachers,  in  some 
suitable  room  at  the  county  seat,  notice  of  which 
shall  be  given  in  some  newspaper  in  the  county,  or 
in  case  there  is  no  paper  published  in  the  county  he 
shall  give  such  notice  as  may  by  him  be  deemed 
necessary,  at  which  time  he  shall  examine  all  sucii 
applicants  in  orthography,  reading,  writing,  ftriili- 
metic,  English  grammar,  geography,  history,  and 
constitution  of  the  United  States  and  the  constitu- 
tions of  Colorado,  civil  government,  physiology,  nat- 
ural sciences,  theory  and  practice  of  teaching,  and 
the  school  law  of  the  state.  If  the  applicant  is  to 
teach  in  a  school  of  high  grade,  the  examination 
shall  extend  to  such  additional  branches  of  study  as 
are  to  be  pursued  in  such  school.  If  satisfied  of  the 
competency  to  teach  and  of  the  good  moral  char- 
acter of  the  applicant,  he  shall  give  such  applicant 
a  certificate,  as  provided  in  the  following  section, 
but  he  shall  not  issue  a  certificate  except  one  of  like 
grade  unless  the  applicant  be  examined  at  the  regu- 
lar state  examinations.  He  may,  however,  in  case 
of  emergency,  recognize  county  teachers'  certificates 
issued  in  this  or  other  states  by  endorsing  thereon 
the  word  "Good"  until  the  next  regular  county  ex- 
amination; Provided,  That  the  certificates  so  en- 
dorsed shall  be  in  full  force  at  the  date  of  such  en- 

226 


KX. \.MIN. \TinXS  §149 

dorsemeut,  and  shall  not  be  renewed,  extended,  nor 
show  a  previous  endorsement  thereon.  If  the  at- 
tendance upon  the  examination  at  the  county  seat 
shall  work  a  great  hardship  to  five  or  more  teachers 
in  the  county,  the  county  superintendent  may  pro- 
vide for  such  teacher  or  teachers  to  take  the  ex- 
amination at  some  convenient  place,  and  the  county 
superintendent  may  appoint  some  suitable  person  to 
conduct  such  examination,  who  shall  without  delay 
report  to  the  county  superintendent  the  written  an- 
swers of  each  applicant.  Such  person  shall  be  en- 
titled to  five  dollars  ($5.00)  per  day  for  conducting 
such  examination,  and  such  services  shall  be  certi- 
fied by  the  county  superintendent  to  the  county  com- 
missioners. — R.  8.  5991 

Note.  For  teaching  languages  other  than  English  and  music 
and  drawing,  see  section  383,  decision  1. 

Normal  school  diploma. 

a.  A  state  normal  school  diploma  licenses  the  holder 
to  teach  in  the  public  schools  of  this  state  until  annulled 
by  the  state  superintendent  or  suspended  by  a  county 
superintendent,  and  is  evidenced  of  a  vested  continuing 
right  to  teach  in  any  public  school  in  the  state  and  cannot 
be  superseded  or  modified  by  any  mandate  or  order  of  a 
school  board. — Nash  v.  School  Board,  49  C.  555 

Teachers'    examinations   in    higher   grades. 

1.  The  law  implies  that  teachers  in  second  and  third 
class  districts  who  are  to  teach  the  higher  grades  should 

examined  in  such  branches  at  the  regular  county  ex- 
amination. 

2.  An  applicant  examined  in  five  high  school  subjects 
should  receive  a  high  school  certificate  for  such  branches 
using  the  same  basis   of  grading  as  in  other  county  ex- 
aminations. 

3.  The    fee    for    the   examination    is    one    dollar,    no 
matter  how  many  subjects  are  taken. 

4.  The  grade  of  a  county  certificate  would  in  no  way 
affect  the  grade  of  a  teacher's  high  school  certificate. 

227 


§  149  EXAMINATIONS 

Time  of  examination. 

5.  Examinations  for   teachers'   certificates   cannot  be 
taken  at  any  time  except  at  those  times  prescribed  by  law 
for  public  examinations. 

Age  of  applicant. 

6.  The  law  provides  that  an  applicant  for  a  teacher's 
certificate  must  not  be  less  than  eighteen  years  of  age,  and 
it  would  be  illegal  to  grant  a  certificate  to  one  under  such 
age,   and  iltegal   for  a  school   board   to  employ  a  teacher 
under  such  circumstances. 

7.  When  an  applicant  of  lawful  age  presents  himself 
for  the  county  examination  the  county  superintendent  has 
no  course  other  than  to  receive  and  grade  the  papers  and 
report  the  same  to  the  superintendent  of  public  instruc- 
tion; but  he  may  refuse  to  grant  a  certificate  on  proof  of 
immorality,  incompetency,  drunkenness  or  like  cause. 

Rules  governing  examination. 

8.  The    state    superintendent   makes    rules   governing 
county    examinations;    and    the    questions    issued    therefor 
are   divided   into   sections,   one   of  which,   by  direction   of 
the  state  superintendent,  shall  be  presented  at  the  begin- 
ning of  each  of  four  different  sessions;  and  in  order  that 
all  applicants  may  have  an  equal  opportunity,  and  to  avoid 
the  possibility  of  any   being  informed  in  advance  of  the 
nature   of  the  examination,   the  county   superintendent   is 
instructed  to  break  the  seal  of  each  section  at  the  opening 
of  the  session  for  which  it  is  prescribed,  and  in  the  pres- 
ence of  all  applicants. 

9.  The  rules  governing  county  examinations  of  teach- 
ers   definitely   state   that   an    average    of   ninety   with    no 
branch  below  seventy  shall  be  required  for  a  first  grade; 
and  an  average  of  eighty  with  no  branch  below  sixty  for 
a  second;    and   an   average  of   seventy  per  cent,  with  no 
branch  below  sixty  for  a  third  grade  certificate;   and  each 
certificate  should  show  such  grading,  and  a  certificate   if 
not  issued  in  accordance  therewith  would  be  invalid. 

Regular  examination  only. 

10.  A  county  superintendent  has  no  right  whatever  to 
give  a  personal  or  oral  examination  to  an  applicant,  even 
though  such  applicant  has  been  requested  to  take  a  school 
and  has  no  certificate. 

11.  The  county  teachers'  examination  cannot  be  taken 
in  parts,  either  for  purpose   of  raising  previous  marking 
or  of  taking  balance  of  examination  at  future  time,  since 

228 


EXAMINATIONS  §149 

the  whole  examination  must  be  taken  at  one  time  in  order' 
to  obtain  a  certificate. 

12.  The  state  superintendent  has  no  right  to  provide 
for  any  examination  other  than  those  specified  by  the  law. 

Permits  not  granted. 

13.  There  is  no  law  authorizing  the  giving  of  a  tempo- 
rary permit  or  certificate,  and  it  would  be  illegal  to  employ 
any   person   to   teach    in    the    public   schools   of    the    state 
unless  such  person  shall  have  a  certificate. 

Endorsements. 

14.  It   is   not   legal    for   a   school   board    to   retain   a 
teacher  whose  certificate  has  expired  if  the  term  of  school, 
for   which   such   teacher   is    employed   extends    more   than' 
one  month  after  such  expiration. 

Held  to  include  normal  school  diplomas  from  other  states. 

15.  The  county  superintendent  may  in  case  of  emer- 
gency recognize  county  teachers'  certificates  of  any  grade 
issued  in  this,  or  other  states,  by  endorsing  thereon  the 
word  "Good"  until  the  next  regular  county  examination; 
provided,   that   such   certificate   shall   be   in   full   force   at 
the  date  of  such  endorsement,  and  shall  not  be  renewed, 
extended,   nor  show  a  previous  endorsement  thereon,  and 
an  emergency  may  be  said   to  exist  whenever  there  is  a 
vacancy  in  any  school  in  the  county,  and  no  teacher  hold- 
ing a  valid  certificate  who  is  qualified  to  teach  that  par- 
ticular school  can  be  obtained  therein;   but  this  does  not 
mean  that  other  conditions  might  not  arise  which  would 
warrant  the  county  superintendent  in  declaring  an  emer- 
gency. 

16.  Circumstances   created  for  a   certain  purpose   do 
not  constitute  an  emergency,  and  should  not  be  construed 
as  such  within  the  meaning  of  this  section. 

17.  There  is  nothing  that  can  be  done  in  the  case  of 
an  expired  certificate,  as  only  certificates  in  full  force  can 
be  endorsed  in  case  of  emergency. 

18.  The  laws  of  Colorado  do  not  give  county  super- 
intendents the  slightest  authority  to  recognize  district  cer- 
tificates in  any  way;  and  such  certificates  are  valueless  so 
far  as  entitling  their  holders  to  a  right  to  teach  in  other 
schools  of  the  county. 

19.  Since  the  law  provides  that  the  certificate  issued 
by  the  boards  of  districts  of  the  first  class  must  be  of  the 
same    grades    and    under    the    same    conditions    as    those 
specified  in  sections  149  and  47  of  the  school  law,  it  fol- 
lows  that   equal    requirements  must   be   made   in   districts 


§  149  EXAMINATIONS 

of  the  first  class  as  in  other  districts,  and  the  board  would 
not  have  the  right  to  exempt  the  candidates  from  examina- 
tion in  one  or  more  of  the  subjects  specified  in  section  149 
of  the  school  law. 

20.  The  endorsement  of  a  first  grade  certificate  until 
the  next  examination  will  not  invalidate  it  in  the  county 
where  issued. 

21.  The  endorsement  or   renewal   of   certificates   and 
the  issuing  of  like  grade  certificates  are  in   all  cases  op- 
tional with  the  county  superintendent. 

22.  A  certificate  of  like  grade  from  one  county  cannot 
be  endorsed  by  a  county  superintendent  of  another  county, 
but  if  the  first  certificate  upon  which  the  like  grade  was 
issued  is  still  in  force  another  like  grade  certificate  upon 
it  can  be  issued  in  another  county. 

23.  It  is  impossible  for  a  county  superintendent  who 
has  endorsed  a  certificate  to  issue  a  renewal  of  the  same. 
Any  renewal  of  a  certificate  must  be  made  in  the  county 
where  the  certificate  was  first  issued. 

24.  The  time  for  which  an  endorsed  certificate  is  good 
is  simply  that  specified  by  the  endorsement.     Section  383 
applies  to  such  cases  excepting  that  the  teacher  does  not 
have  the  right  to  take  advantage  of  the  one  month  pro- 
vision. 

25.  The  state  superintendent  has  no  right  to  endorse 
certificates;   that  is  a  matter  which  rests  with  the  county 
superintendent. 

26.  It   is   a  violation    of  the   law   to   endorse   county 
teachers'  certificates  issued  in  this,  or  any  other  state,  if 
the  certificate   be   not   in   full   force   at  the   date   of   each 
endorsement;   and  should  the  board  employ  a  teacher  with 
such  a  certificate,  all  claim  to  compensation  on  the  school 
fund  for  the  term  will  be  forfeited. 


may  appoint  deputy. 

27.  Since  the  bar  examinations  are  conducted  in  con- 
nection with  the  regular  county  examination  of  teachers, 
the  law  governing  the  latter  examination  would  also  apply 
to  the  former;  and  if  attendance  at  the  county  seat  works 
a  great  hardship  to  five  or  more  teachers  in  the  county, 
the  law  permits  the  county  superintendent  to  provide  an 
examination    for    them    at    some    convenient    place,    to    be 
conducted  by  some  suitable  person. 

28.  The  state  superintendent  has  no  authority  what- 
ever to  authorize   county  superintendents  to  appoint  dep- 
uties outside  of  the  state;   nor  has  he  any  right  to  send 
questions  to  any  individuals  outside  of  this  state  so  that 

230 


EXAMINATIONS  §149 

the  county  teachers'  examination  could  be  taken  elsewhere 
than  in  Colorado. 

29.  If   a   county   superintendent   desires    to   obtain   a 
certificate  to  teach  in  the  county  in  which  he  resides,  he 
is  advised  to  appoint  a  deputy  to  conduct  the  examination 
and   pass   upon   the   answers    given    to   the   questions    pro- 
pounded;   also,   to   issue   a   certificate   in   accordance   with 
tlu>   result  of  the  examination. 

Special  certificate  for  high  school. 

30.  The    law    makes    the    same    requirements    of    the 
principal   or   teachers  of  a  county  high  school  as  of  any 
school    of    high    grade.      Therefore,    a   teacher's    certificate 
covering    the   high   school   branches   must   be   obtained   by 
the  applicant  who  expects  to  teach  in  a  county  high  school. 

Teacher  not  entitled  to  pay  for  time  lost  attending. 

31.  A  teacher  is  not  entitled  to  receive  pay  for  the 
time  lost  while  attending  a  teachers'  examination.     . 

xtate  superintendent  cannot  excuse  from  examination. 

32.  The    state    superintendent    has    no    authority    to 
excuse  a  person  from  taking  an  examination. 

Failure. 

33.  When  a  teacher  holds  a  first  grade  certificate,  and 
ilso  one  of  "like  grade,"  the  fact  that  she  fails  to  pass  an 
examination  in  either  county  would  not  affect  the  standing 
of  the  first  grade  already  obtained  by  her. 

Eighth  grade. 

34.  There    is    no   specific    law    governing    the    eighth 
grade  county  examinations.     The  matter  is  entirely  under 
the  management  of  the  county  superintendent. 

Answers  filed. 

35.  The  law  requires  that  the  written  answers  of  all 
applicants  be   placed   on   file   for   three   months,   the  same 
subject  to  the  order  of  the  state  board  of  education. 

Appeal. 

36.  Neither  the  state  superintendent  of  public  instruc- 
tion  nor  the   state  board   of  education  has   the  power  to 
compel  a  county  superintendent  to  recognize  examination 
papers  prepared  under  the  supervision  of  the  county  super- 
intendent of  another  county,  as  this  is  a  mere  matter  of 
comity  between  county  superintendents.     Therefore,  when- 
ever a  teacher  appeals  from  the  refusal  of  a  county  super- 
intendent to  accept  such  papers  and  mark  them  and  issue 

231 


§  I49a  EXAMINATIONS 

a  certificate  thereon,  the  board  of  education  has  no  othef 
course  than  to  dismiss  the  appeal. 

[Note.  The  following  section  is  a  portion  of  the  law  passed 
by  the  eighteenth  general  assembly  and  referred  by  petition,  and 
will  be  voted  upon  by  the  people  at  the  general  election  in  1912. 
If  carried,  it  will  supersede  section  149  herein.] 

149a.  On  the  third  Thursday  in  August,  Decem- 
ber, and  March  in  each  year  the  county  superin- 
tendent shall  meet  all  persons,  of  not  less  than  eigh- 
teen years  of  age  (who  shall  have  completed  a  four 
years'  High  School  course,  or  its  equivalent  in  train- 
ing or  experience,  and)  who  are  desirous  of  passing 
an  examination  as  teachers,  in  some  suitable  room 
at  the  county  seat,  notice  of  which  will  be  given  in 
some  newspaper  in  the  county,  or  in  case  there  is  no 
paper  published  in  the  county  he  shall  give  such 
notice  as  may  by  him  be  deemed  necessary,  at  which 
time  he  shall  examine  all  such  applicants  in  orthog- 
raphy, reading,  writing,  arithmetic,  English  gram- 
mar, geography,  history  and  constitution  of  the 
United  States  and  the  constitution  of  Colorado,  civil 
government,  physiology,  natural  sciences,  theory  and 
practice  of  teaching,  and  the  school  law  of  the  state, 
to  which  shall  be  added  agriculture  and  horticulture 
and  American  literature  for  a  first  grade  certificate ; 
and  agriculture  and  horticulture  for  a  second  grade. 
If  the  applicant  is  to  teach  in  a  school  of  high  grade, 
the  examination  shall  extend  to  such  additional 
branches  of  study  as  are  to  be  pursued  in  such 
school.  If  satisfied  of  the  competency  to  teach  and 
of  the  good  moral  character  of  the  applicant,  he 
shall  give  such  applicant  a  certificate,  as  provided 
in  the  following  section,  but  he  shall  not  issue  a  cer- 
tificate except  one  of  like  grade  unless  the  applicant 
l)e  examined  at  the  regular  state  examinations.  He 

232 


EXAMINATIONS  §  149a 

iimy.  however,  in  case  of  emergency,  recognize  coun- 
ty teachers'  certificates  issued  in  this  or  other  states 
by  endorsing  thereon  the  word  "Good"  until  the 
next  regular  county  examination;  Provided,  That 
the  certificate  so  endorsed  shall  be  in  full  force  at 
the  date  of  such  endorsement,  and  shall  not  be  re- 
newed, extended,  nor  show  a  previous  endorsement 
thereon.  If  the  attendance  upon  the  examination  at 
the  county  seat  shall  work  a  great  hardship  to  five 
or  more  teachers  in  the  county,  the  county  superin- 
tendent may  provide  for  such  teacher  or  teachers  to 
take  the  examination  at  some  convenient  place,  and 
the  county  superintendent  may  appoint  some  suit- 
able person  to  conduct  such  examination,  who  shall 
without  delay  report  to  the  county  superintendent 
the  written  answers  of  each  application.  Such  per- 
sons shall  be  entitled  to  five  (5)  dollars  per  day  for 
conducting  such  examination,  and  such  services 
shall  be  certified  by  the  county  superintendent  to 
the  county  commissioners.—^  L.  '11.  p.  628 

Scholastic  examination — bar. 

Note.  The  law  under  which  the  rules  for  admission  to  prac- 
tice law  in  this  state  were  formulated  will  be  found  in  3  Mills' 
(Rev.),  206-206b.  This  law  does  not  enter  into  details,  but  em- 
powers the  supreme  court,  by  virtue  of  its  provisions,  to  desig- 
nate the  character  of  the  examination  to  which  applicants  must 
submit 

The  rules  governing  admission  to  the  bar  of  Colorado, 
adopted  by  the  supreme  court  September  13,  1897,  and  amended 
May  4,  1898,  make  the  following  provision: 

"(c)  Applicants  who  are  not  members  of  the  bar,  as  above 
prescribed,  shall  present  a  thirty-count  certificate  from  the  re- 
gents of  the  university  of  the  state  of  New  York,  or  shall  satisfy 
said  committee  that  they  graduated  from  a  high  school  or  pre- 
paratory school  whose  standing  shall  be  approved  by  the  com- 
mittee, or  were  admitted  as  regular  students  to  some  college  or 
university,  approved  as  aforesaid,  or  before  entering  upon  said 
clerkship  or  attendance  at  a  law  school,  or  within  one  year  there- 

233 


§  149a  EXAMINATIONS 

after,  or  before  September  13,  1899,  they  passed  an  examination 
before  the  state  superintendent  of  public  instruction,  in  the  fol- 
lowing subjects:  English  literature,  civil  government,  algebra  to 
quadratic  equations,  plane  geometry,  general  history,  history  of 
England,  history  of  the  United  States,  and  the  written  answers 
to  the  questions  in  the  above-named  subjects  shall  be  examined 
as  to  spelling,  grammar,  composition  and  rhetoric.  The  said 
examinations  shall  be  conducted  in  connection  with  the  regular 
county  examination  of  teachers." 

Note.  Those  desiring  to  take  this  examination  must  notify 
the  state  superintendent  of  public  instruction  at  least  thirty  days 
previous  to  the  regular  county  examination,  giving  their  full 
name  and  address  and  the  county  in  which  they  wish  to  take  the 
examination. 

Preliminary  examination — dental. 

Note.  Each  student  seeking  admission  to  any  college  of  this 
association  shall  have  completed  an  accredited  high  school  course 
or  shall  successfully  pass  an  examination  the  equivalent  of  such 
high  school  course. 

This  examination  and  the  examination  and  verification  of  all 
certificates  shall  be  conducted  by  a  state  superintendent  of  public 
instruction,  or  his  appointee.— National  Association  of  Dental 
Faculties. 

Applicant  for  admission  to  bar. 

a.  A  committee  for  examining  applicants  for  admission 
to  the  bar  is  not  justified  in  refusing  an  examination  for 
a  student  of  the  state  university,  if  in  all  other  respects 
he  is  qualified,  merely  because  he  failed  to  pass  the  law 
examination  of  such  institution. — People  ex  rel  v  Carr 
21  C.  525 


234 


FINES 

150.  Justice  report — fines.     Every  justice  of  the 
peace  or  other  magistrate  by  whom  any  fine  or  pen- 
alty   has    been    imposed    which    under  the  statute 
should  be  paid  into  the  general  school  fund,  shall  at 
the  next  regular  quarterly  meeting  of  the  board  of 
county    commissioners    submit    an    itemized    report 
showing  date  of  trial,  title  of  case,  nature  of  offense 
and    amount    of    fine,    giving    amounts,    collected, 
amounts   uncollected,   and  accompany  said  reports 
with  receipts  from  the  county  treasurer  for  amounts 
so  collected  and  paid  over  to  him.— R.  8.  3874 

151.  County  treasurer  render  statement.     The 
county  treasurer,   at  the  time  of  rendering  to  the 
county  superintendent  of  schools  his  quarterly  cer- 
tificate  of  taxes  collected   (as  provided  in  section 
sixty-six     of    chapter    XCVII    being    general    sec- 
tion  three   thousand    and    sixty-one    of    the    gen- 
eral statutes  of  the  state  of  Colorado)   shall  show 
separately  in  said  certified  statement  the  amounts 
received  from  fines  and  by  whom  paid  in.—  R.  8.  3875 

FINES   UNDER    FEDERAL   STATUTES. 

152.  For  the  willful  setting  on  fire  of  timber 
and  underbrush  on  public  domain.     Wlioever  shall 
willfully  set  on  fire,  or  cause  to  be  set  on  fire,  any 
timber,  underbrush,    or  grass  upon  the   public  do- 
main, or  shall  leave  or  suffer  fire  to  burn  unattended 
near    any    timber    or    other    inflammable    material, 
shall  be  fined  not  more  than  five   thousand  dollars, 
or   imprisoned  not  more  than   two   years,   or  both. 
— Federal  Criminal  Code,  52 

235 


§§153-154  FINES 

153.  Fine  for  leaving  unattended    fires    in    or 
near  forest  timber.    Whoever  shall  build  a  fire  in  or 
near  any  forest  timber,  or  other  inflammable  ma- 
terial upon  the  public  domain  shall,  before  leaving 
said  fire,  totally  extinguish  the  same;  and  whoever 
shall  fail  to  do  so  shall  be  fined  not  more  than  one 
thousand  dollars,  or  imprisoned  not  more  than  one 
year  or  both.— Federal  Criminal  Code,  53 

154.  Fines  collected  paid  to  public  school  fund. 
In  all  cases  arising  under  the  two  preceding  sec- 
tions   the    fines    collected    shall    be    paid    into    the 
public  school  fund  of  the  county  in  which  the  lands 
where    the    offense    was    committed    are    situated. 
— Federal  Criminal  Code,  54 


FLAGS 

155.  Directors  purchase  flag — flagstaff — display. 
The  school  directors  of  the  several  school  districts 
iji  this  state  may  purchase  or  cause  to  be  purchased 
a  suitable  American  flag  of  standard  bunting,  not 
less   than   eight  by  twelve  feet  in  size,   and  they 
in  ny    erect   and   maintain   or   cause    to    be    erected 
and   maintained  upon   each  public  school   building 
or  the  grounds  belonging  thereto,  a  suitable  flag- 
staff with  the  necessary  appliances  for  displaying 
said  flags,  and  may  cause  said  flag  to  be  displayed 
upon  said  staff  upon  all  national  and  state  holidays, 
the  first  and  last  days  of  each  school  term,  and  such 
other  occasions  as  such  school  directors  shall  pre- 
scribe.— R.  S.  5928 

Directors  to  purchase  and  display  U.  S.  flag.  * 

1.  Pursuant  to  custom  now  established  in  several 
states  of  the  union,  the  governor  of  this  state  proclaims 
June  14th  as  Flag  Day,  and  all  the  public  schools  of  the 
state  are  requested  to  observe  the  day  in  exercises  of  a 
patriotic  character. 

156.  Each  department  keep  flag.    Every  school 
within  this  state  may  have  placed  and  kept  in  a  con- 
spicuous position  in  each  department  thereof  at  least 
one  American  flag  of  standard  bunting,  not  less  than 
three  by  five  feet  in  size.—  R.  8.  5929 

157.  Expense  of  purchasing  and  care  of  flag. 
It  shall  be  lawful  for  the  school  directors  of  each 
school  district  in  this  state  to  pay  for  said  flags  and 
staffs  and  to  provide  for  the  proper  care  and  main- 
tenance of  the  same,  from  any  special  school  funds 
which  they  may  have  in  their  hands  or  which  may 
be  subject  to  their  order,  or  to  include  the  expense 

237 


§§158-159-160-161  FLAGS 

thereof  in  the  next  annual  estimate  for  school  ex- 
penses, or  in  any  tax  levy  for  school  purposes;  and 
the  expense  thereof  for  any  public  school  shall  be 
met  by  said  directors  or  other  officers  charged  with 
the  duty  of  raising  or  appropriating  any  money  for 
school  purposes  as  any  other  necessary  expenses 
or  expenditures  for  school  purposes  are  raised. 
— R.  fif.  5930 

158.  Applies  to  all  institutions.     This  act  shall 
be  held  to  apply  to  all  institutions  directly  or  indi- 
rectly under  the  control  of  the  state  of  Colorado  or 
any   of   its   officers,    and   it   shall   be   the    duty    of 
such   officer  to   see  that  this   act   is  complied  with. 
—R.  8.  5931 

159.  Injury  to  flag.     Any  person  who  shall  wil- 
fully injure,  deface,  or  destroy  any  flag,  flagstaff,  or 
other  material  placed  in  any  room  or  building  or 
ftpon  any  building  or  school  grounds  for  the  carry- 
ing out  of  this  act,  shall  be  deemed  guilty  of  a  mis- 
demeanor and  punished  accordingly. — R.  S  5932 

160.  Superintendent  of  public  instruction  pub- 
lish act.     It  shall  be  the  duty  of  the  superintendent 
of  public  instruction  to  publish  this  act  in  connec- 
tion with  the  school  law  of  this  state. — R.  8.  5933 

161.  Display  of  flag  other  than  United  States- 
exception.    It  shall  be  unlawful  to  display  any  flag 
upon  any  state,  county  or  municipal  buildings  in  this 
state,  except  the  flags  of  the  United  States;  Pro- 
vided, however,  That  whenever  any  foreigner  shall 
become  the  guest  of  the  United  States,  or  of  the  state 
of  Colorado,  or  of  any  city  of  this  state,  or  upon  the 
occasion  of  the  visit  of  any  foreign  minister,  envoy 
or  embassador  in  his  official  or  representative  capa- 
city, the  flag  of  the  country  of  which  such  person 

238 


KI.AGS  §§162-163 

shall  be  a  citizen  may  be  displayed  upon  such  public 
buildings;  and  it  shall  be  unlawful  to  display  the 
flag  of  any  anarchistic  society  upon  any  public  or 
private  building  or  in  any  street  procession  or  pa- 
rade within  the  state  of  Colorado.—  R.  8.  2597 

162.  Violation.     Any  violation    of    this    act    is 
hereby  declared  a   misdemeanor  and  shall  be  pun- 
ished by  a  fine  of  not  less  than  fifty  nor  more  than 
five  hundred  dollars.—  K.  8.  2598 

STATE    FLAG. 

163.  State  flag  adopted — description  of.    That  a 
state  flag  be  and  the  same  is  hereby  adopted  to  be 
used  on  all  occasions  when  the  state  is  officially  and 
publicly  represented,  with  the  privilege  of  use  by  all 
citizens  upon  such  occasions  as  they  may  deem  fitting 
and   appropriate.     Said  flag  shall   consist  of  three 
alternate  stripes  to  be  of  equal  width  and  at  right 
angles   to    the    staff,    the    white    stripes    being    the 
middle  one,  the  proportion  of  the  flag  being  a  widtli 
of   two-thirds   of  its  length.     At   a   distance   from 
the    staff    end    of    the    flag     of     one     thirty-sixth 
of  the  total  length  of  the  flag,  there  shall  be  a  cir- 
cular red  0,  of  the  same  color  as  the  red  in  the  na- 
tional flag  of  the  United  States.     The  diameter  of 
the     letter     one-sixth     of    the    width    of   the   flag. 
The  inner  line  of  the  opening  of  the  letter  C  shall 
be    three-fourths   of    the    width    of    its    body    or 
bar,    and   the    outer   line   of   the    opening   shall   be 
double  the  length  of  the  inner  line  thereof.  Complete- 
ly filling  the  open  space  inside  the  letter  C  shall  be 
a   golden  disk;  attached  to  the  flag  shall  be  a  cord 
of  irold  and  silver,  intertwined,   with   tassels  one  of 

231) 


§163  FLAGS 

gold  and  one  of  silver.  All  penalties  provided  by 
the  laws  of  this  state  for  the  misuse  of  the  na- 
tional flag  shall  be  applicable  to  the  said  state  flag. 
—8.  L.  '11,  p.  611 


240 


FUNDS 

GENERAL   SCHOOL    FUNDS. 

164.  General  school  fund  for  building  purposes 
—proviso.  It  shall  be  illegal  for  any  school  board  to 
appropriate  or  cause  to  be  used  any  money  belong- 
ing to  the  general  school  fund,  for  the  purpose  of 
building,  furnishing  or  erecting  additions  to  any 
school  house,  or  for  the  purchase  or  improvement  of 
any  school  house,  site  or  lot;  Provided,  That  if  any 
portion  of  the  aforesaid  school  fund  remains  to  the 
credit  of  any  district  after  the  payment  of  all  ex- 
penses necessary  to  the  support  of  a  public  school 
for  a  period  of  ten  months  in  any  one  year,  in  said 
district,  it  shall  be  lawful  for  the  district  board  to 
use  such  balance  for  any  of  the  purposes  provided 
for  in  section  51  of  this  chapter.  —  R.  s.  5898 

Note.    Section  51  referred  to  in  this  section  is  section  124. 
Note.    Public  contracts,  section  235. 

Legal  use  of  general  fund. 

1.  The  general  fund  may  be  used  only  for  teachers' 
wages,   and   necessary    current   expenses,   until    the   school 
has  been  conducted  for  a  period  of  ten  months  in  one  year. 

2.  The  general  fund  may  be  used   for  building,   fur- 
nishing   or    erecting    additions    to    school    houses,    or    for 
improving  the  school  house,  sites  or  lots,  only   after  the 
expense   of   maintaining   the   school    for   a   period    of   ten 
months  in  one  year  shall  actually  have  been  paid. 

3.  It  is  legal  to  draw  on  the  general  fund  to  pay  the 
janitor  who  is  employed  in  a  school. 


Illegal  use  of  school 

4.  A  school   board  cannot  legally  loan,  the  money  of 
the   district. 

5.  The   school    funds    cannot    be    legally   used   for   de- 
fraying the  expense's  of  a  singing  school. 

241 


§  165  FUNDS 

6.  Insurance   premiums   and    attorney's   fees   are   not 
expenses  "incidental  to  the  support  of  a  public  school,"  and 
therefore  must  not  be  paid  from  the  general  fund. 

7.  A  director  of  a  school  board  has  no  right  whatever 
to  draw  money  from  the  funds  of  a  school  district  to  pay 
for   his    child's   board    while    attending   school    in   another 
district.     Any  members  so  misappropriating  the  funds  of 
the  district  can  be  compelled  by  process  of  law  to  refund 
the  money. 

8.  The  school  board   has  no  right  to  use  the  school 
funds  in  the  employment  of  attorneys  or  other  expenses 
to  antagonize  the  action  of  a  board  of  health. 

9.  A  school  board  cannot  legally  contract  for  the  work 
of  instructing  high  school  pupils  to  be  done  by  a  private 
party  or  corporation  and  pay  for  it  out  of  public  school 
funds. 

10.  There  is  no  provision  of  the  school  law  allowing 
a  pro  rata  share  of  the  school   fund  to  be  used   for  the 
private  teaching  of  one  of  the  pupils  within  a  district. 

For  what  purposes  special  funds  may  be  used. 

11.  School   directors  of  a  district  of  the  third   class 
may  purchase  an  organ  for  the  use  of  the  school  and  pay 
for  it  out  of  the  special  fund.     The  general  fund  cannot  be 
used  for  that  purpose. 

12.  Bonds   cannot    be    voted   for   sinking   an    artesian 
well;  but  if  the  district  has  sufficient  money  in  its  special 
fund,  it  may  use  that  money  for  such  a  purpose  on  a  vote 
of  the  electors. 

Two  schools  of  five  months  do  not  meet  requirements. 

13.  Two  schools  in  one  district,  holding  a  five  months' 
session  each,  do  not  conform  to  the  requirements  of  the 
law  as  prescribed   in  section  164. 

Money  not  turned  into  general  fund. 

14.  All  moneys  remaining  to  the  credit  of  any  district 
on  June  30  should  remain  to  the  credit  of  such  district  and 
cannot  be  turned  into  the  general  school  fund  of  the  county 
for  reapportionment. 

EMERGENCY    FUND. 

165.  Permanent  school  emergency  fund.  There 
is  hereby  created  a  "Permanent  School  Emergency 
or  Call  Fund."  Said  fund  shall  be  under  the  con- 
trol of  the  state  superintendent  of  public  instruction 
as  hereinafter  provided.—  8.  L.  '11,  p.  142 

242 


5S§  ]  06-167-168-1*;!' 

166.  Fund  to  be  transferred  from  general  school 
income  fund.    There  is  hereby  transferred  and  set 
over  from   the   general  school   income  fund  to  the 
"Permanent  School  Emergency  or  Call  Fund"  the 
sum   of  forty  thousand  dollars  for  the  purpose   of 
carrying  out  the  provisions  of  this  act. — 8.  L.  '11,  p.  142 

Note.    The    governor    approved    the    above    section    to    the 
amount  of  twenty  thousand  dollars. 

167.  Treasurer  to  be  custodian  of  fund.     Said 
"Permanent  School  Emergency  or  Call  Fund"  shall 
remain  in  the  hands  of  the  state  treasurer  and  any 
interest  earned  thereon  or  arising  from  the  invest- 
ment thereof  shall  be  credited  to  said  fund  and  be- 
come a  part  thereof  .—s.  L.  'li,  p.  142 

168.  Fund  when  used.    When  on  account  of  un- 
avoidable misfortune  or  casualty  any  public  school 
district  in  this  state  is  in  financial  distress  and  the 
special  school  tax  and  apportionment  of  the  school 
funds  are  not  sufficient  to  provide  proper  and  neces- 
sary school  facilities  in  such  school  district,  the  su- 
perintendent of  public  instruction  may  with  the  ap- 
proval and  consent  of  the  governor  and  attorney 
general  order  the  payment  from  the   "Permanent 
School  Emergency  or  Call  Fund,"  to  such  public 
school  district  of  such  an  amount  as  may  be  neces- 
sary to  provide  necessary  school  facilities  in  said 
public,  school  district.—  S.  L.  'Ji.  p.  143 

169.  Payments  when  made.    Payments  shall  be 
made  from  the  "Permanent  School  Emergency  or 
Call  Fund"  only  upon  the  presentation  of  sufficient 
and  satisfactory  evidence  that   the  school  district 
making  application  for  relief  under  the  provisions 
hereof  is  by  reason  of  unavoidable  misfortune  or  cas- 
ualty, in  financial  distress  and  that  the  special  school 

243 


§§170-171-172-173  FUNDS 

tax  and  apportionment  of  school  funds  are  not  suf- 
ficient to  provide  proper  and  necessary  school  facili- 
ties in  such  public  school  district,  and  that  sucli 
financial  distress  will  continue  for  at  least  one  school 
year  unless  relieved  under  the  provisions  hereof. 
—8.  L.  '11,  p.  143 

170.  Amount    expended    in    one    year.      The 

amount  to  be  expended  from  the  "Permanent  School 
Emergency  or  Call  Fund"  in  any  one  year  for  all 
purposes  shall  not  exceed  the  total  sum  of  twenty 
thousand  dollars.—  8.  L.  '11,  p.  143 

Note.    The  governor  approved  of  the  above  to  the  extent  of 
ten  thousand  dollars  instead  of  twenty  thousand  dollars. 

171.  Gifts — contributions.      Any    appropriation 
hereafter  made  and  any  gifts  or  contributions  to  the 
"Permanent    School    Emergency    or    Call    Fund" 
shall  be  subject  to  all  the  provisions  of  this  act, 
— #.Jk'li,p.l43 

172.  Vouchers  approved  by  governor  and  attor- 
ney general.     The  auditor  is  hereby  authorized  to 
draw  his  warrant  on  the  state  treasurer  in  payment 
of    any    voucher    issued    against    the    "Permanent 
School  Emergency  or  Call  Fund,"  signed  by  the  su- 
perintendent of  public  instruction  and  approved  by 
the  governor  and  attorney  general. — 8.  L.  '11,  p.  143 

Note.    The  attorney  general  holds  that  no   moneys   can  !«' 
used  from  above  fund  for  building  purposes. 

173.  Moneys    under    act    congress — apportion- 
ment.    That  all  moneys  to  which  the  various  coun- 
ties of  the  state  of  Colorado  are  now  or  may  here- 
after become  entitled  under  the  act  of  congress  of 
May  23,  1908,  or  other  acts,  in  which  counties  a 
forest  reserve,  or  any  portion  thereof  is  situated, 
shall  at  the  beginning  of  each  fiscal  year  and  every 

244 


FUNDS  §  174 

six  months  thereafter  be  awarded  and  apportioned 
through  the  proper  state  officials  of  this  state  to 
such  counties  in  proportion  to  the  area  of  the  forest 
reserve  in  each  county;  and  such  apportionment  of 
said  funds  shall  be  determined  by  the  state  auditor, 
and  the  state  auditor  is  authorized  and  directed  to 
draw  warrants  upon  the  state  treasurer  in  favor  of 
the  county  treasurer  of  each  county  for  the  amount 
due  each  county  under  the  apportionment  and  made 
direct  to  the  county  treasurers  of  said  counties,  and 
in  accordance  with  the  so-called  agricultural  appro- 
priation act  of  congress,  approved  May  23,  1908,  and 
the  county  commissioners  of  said  county  shall  direct 
the  said  fund  to  be  credited  as  follows,  to-wit :  Not 
less  than  5  per  cent,  of  said  sum  shall  be  expended 
for  either  roads  or  school  funds  in  the  discretion  of 
the  board  of  county  commissioners. — s.  L,  '09,  p.  35 

NORMAL   INSTITUTE    FUND. 

174.  Applicant  for  teacher's  certificate  pay  fee. 
Each  applicant  for  a  teacher's  certificate  at  any 
regular  county  examination,  and  each  successful  ap- 
plicant for  a  renewal  or  endorsement  of  a  certificate, 
or  for  the  issue  of  a  like  grade  certificate,  shall  pay 
for  the  privilege  of  such  examination,  renewal,  en- 
dorsement or  issue  of  like  grade  certificate,  a  fee  of 
one  dollar,  which  shall  be  collected  by  the  county  su- 
perintendent of  schools  and  forwarded,  \vith  his  re- 
port of  each  examination,  to  the  superintendent  of 
public  instruction.—  R.  8.  5992 

Fee,  when  not  required. 

1.  There  is  no  law  authorizing  a  county  superintend- 
ent to  charge  a  fee  of  $1,  or  any  other  sum,  for  registering 
a  certificate  issued  by  the  state  normal  school. 

245 


§§  175-176  FUNDS 

2.  Teachers'  certificates  issued  by  board  of  directors 
of  first  class  districts  are  reported  to  the  county  superin- 
tendent, but  they  are  not  renewed  or  endorsed,  therefore, 
no  fee  would  be  charged  for  the  registration  of  said  cer- 
tificates. 

Fee,  to  ivhom  paid. 

3.  The  fee  paid  to  a  county  superintendent  by  an  ap- 
plicant,   whose    papers    are    to    be    forwarded    to    another 
county  may  be  sent  direct  to  the  state  superintendent  and 
not   forwarded   to  the   other   county   superintendent.      The 
county  superintendent  of  any  county  should  send  the  money 
to  the  state  superintendent  for  all  applicants  taking  the 
examination  under  his  supervision. 

4.  When  an  examination  is  taken  the  fee  should  be 
paid  to  the  county  superintendent  where  the  examination 
is   held    prior   to    delivering  to   such    applicant   the   exam- 
ination questions. 

Fee  for  duplicate  certificate. 

5.  A   fee   should   be  charged   for   issuing  a   duplicate 
certificate  the  same  as  in   original  issuing  of  certificates. 

175.  Fees  turned  into  state  treasury  constitute 
normal  institute  fund.     All  fees  thus  collected  and 
remitted  to  the  superintendent  of  public  instruction 
shall  be  turned  over  to  the  state  treasurer  and  shall 
constitute  a  state  normal  institute  fund.—  R.  8.  5993 

176.  Apportionment  of  normal  institute  fund. 
At  the  time  of  apportioning  the  state  school  fund  in 
July  of  each  year  the  superintendent  of  public  in- 
struction shall  apportion   a  state  normal  institute 
fund  equally  among  the  normal  institute  districts  of 
the  state,  and  the  sum  accredited  to  each  normal  in- 
stitute district  shall  be  transmitted  to  the  custodian 
of  the  normal  institute  fund  thereof  in  the  same 
manner  as  each  county's  apportionment  of  the  state 
school  fund  is  now  transmitted  to  the  county  treas- 
urer; and  each  district's  apportionment  of  the  state 
normal  institute  fund  shall  be  applied  and  expended 
in  the  same  manner  and  for  the  same  purposes  as 

246 


KTXDS  §177 

the  fund  of  each  normal  institute  district  has  here- 
tofore been  applied  and  expended.— R.  to.  5892 

PENAL    FUND. 

177.  What  fines  paid  to  school  fund — accounts 
—collector  failing  to  pay — penalty — duty  of  super- 
intendent. All  fines,  penalties  and  forfeitures  pro- 
vided by  this  act  may  be  recovered  by  action  of  debt, 
in  the  name  of  the  people  of  the  state  of  Colorado,  for 
the  use  of  the  proper  school  district  or  county,  and 
shall,  when  they  accrue,  belong  to  the  respective 
districts  or  counties  in  which  the  same  may  have 
been  incurred;  and  the  county  treasurers,  for  their 
counties,  are  hereby  authorized  to  receive  and  cause 
to  be  placed  to  the  proper  credit  such  forfeitures. 
Except  as  otherwise  provided  by  law,  all  sums  of 
money  derived  from  fines  imposed  for  violation  of 
orders  of  injunction,  mandamus  and  other  like  writs, 
or  for  contempt  of  court,  shall  be  paid  into  the 
school  fund  of  the  county  wherein  the  contempt  of 
such  violation  was  committed;  and  the  clear  pro- 
ceeds of  all  fines  collected  within  the  several  coun- 
ties of  the  state  for  breach  of  the  penal  laws,  and 
all  funds  arising  from  the  sale  of  lost  goods  and 
eslrays  shall  be  paid  over  in  cash  by  the  person  col- 
lecting the  same,  within  twenty  days  after  the  col- 
lection, to  the  county  treasurer  of  the  county  in 
which  the  same  have  accrued,  and  shall  be  by  him 
credited  to  the  general  county  school  fund.  He  shall 
indicate  in  such  entry  the  source  from  which  such 
money  was  derived.  Any  officer  or  person  collect- 
ing or  receiving  any  such  fines,  forfeitures  or  other 
moneys,  and  refusing  and  [or]  failing  to  pay  over 
the  same,  as  required  by  law,  shall  forfeit  double 

247 


§  177  FUNDS 

the  amount  so  withheld  and  interest  thereon  at  the 
rate  of  five  per  cent,  per  month  during  the  time  of 
so  withholding  the  same;  and  it  shall  be  a  special 
duty  of  the  county  superintendent  of  schools  to  su- 
pervise and  see  that  the  provisions  of  this  section 
are  fully  complied  with,  and  report  thereupon  to  the 
county  commissioners  semi-annually  or  oftener,  if 
required  by  them. — R.  8.  5897 

Note.  The  "act"  above  referred  to  means  original  "school 
act." 

Note.  County  treasurer  make  report  of  fund,  section  151. 

Note.  Justice  report  fines,  section  150. 

Duties  of  county  treasurer  in  regard  to  funds. 

1.  The    county   treasurer   is    responsible    for    placing 
moneys  in  the  wrong  fund.     It  is  his  duty  to  place  moneys 
collected   from   fines,   forfeitures,   etc.,   to   the   fund   desig- 
nated by  law. 

2.  Unless  otherwise  expressly  provided  by  statute,  the 
moneys    from    fines,    penalties   and    forfeitures,   should   be 
turned   by   the   county   treasurer   into   the   general   school 
fund  of  the  county  rather  than  into  that  of  a  particular 
district;   although  fines  assessed  by  justices  of  the  peace 
may,  in  some  cases,  go  to  the  credit  of  the  school  district 
in  which  the  action  occurred. 

Duties  of  county  superintendent  in  regard  to  fund. 

3.  More  than  any  other  person,   the  county  superin- 
tendent is  the  one  to  look  after  that  portion  of  the  school 
fund   arising  from   fines    and    forfeitures.      He   should   ex- 
amine the  books  of  the  county  treasurers,  records  and  fee 
books   of  justices   of  the   peace   and   clerks    of   courts,    to 
ascertain  whether  or  not  the  fines  have  been  collected,  and 
if  collected,  whether  they  have  been  placed  to  the  credit 
of  the  proper  fund  and  paid  over. 

Disposition  of  fines. 

4.  This  section  provides  that  the  clear  proceeds  of  all 
fines  collected  within  the  several  counties  of  the  state  for 
breach  of  the  penal  laws  shall  be  paid  over  in  cash  by  the 
person    collecting    the    same    within    twenty    days    after 
its  collection  to  the  county  treasurer,  to  be  by  him  credited 
to  the  general  county  school  fund. 

248 


FUNDS  §§178-179- 

5.  Unless  otherwise  specifically  provided  for  by  law,  the 
fines  collected  for  breach  of  the  game  and  fish  laws  should 
be  placed  to  the  credit  of  the  general  county  school  fund. 

FUNDS  NOT  LOANED  OR  INVESTED. 

178.  Officer  not  convert  or  use  funds.     If  any 
officer  appointed  or  elected  by  virtue  of  the  consti- 
tution of  this  state,  or  any  law  thereof,  as  an  officer, 
agent  or  servant  of  an  incorporated  city,  town,  mu- 
nicipal township,  school  district,  or  county,  or  other 
subdivision  of  this  state,  shall  convert  to  his  own 
use  in  any  way  whatever,  or  shall  use,  by  way  of 
investment  in  any  kind  of  property  or  merchandise, 
or  shall  make  way  with  or  secrete  any  portion  of  the 
public  funds  or  moneys,  or  any  valuable  securities 
by    him    received    for  -safe-keeping,    disbursement, 
transfer,  or  for  any  other  purpose,  or  which  may  be 
in  his  possession,  or  over  which  he  may  have  the 
supervision,  care  or  control,  by  virtue  of  his  office, 
agency  or  service,  or  under  color  or  pretense  there- 
of, every  such  officer,  agent  or  servant  shall,  upon 
conviction,  be  punished  by   imprisonment  not  less 
than  five  years. — R.  8. 1821 

179.  Officer  not  loan  funds.     No  such  officer, 
agent  or  servant  shall  loan  out,  with  or  without  in- 
terest, any  money  or  valuable  security  received  by 
him,  or  which  may  be  in  his  possession  or  keeping, 
or  care  or  control,  by  virtue  of  his  office,  agency  or 
service,  or  under  color  or  pretense  thereof,  and  any 
such  officer,  agent  or  servant,  so  loaning  such  money 
or  valuable  security,  on  conviction  thereof,  shall  be 
punished  by  imprisonment  in  the  penitentiary  not 
less  than  one  year,  or  by  a  fine  not  less  than  five 
hundred   dollars.— ft.  8. 1822 

249 


SU80-181  FUNDS 


180.  No  benefit  from  deposit  of  funds.    If  any 

such  officer,  agent  or  servant  shall  make  any  con- 
tract or  agreement  with  any  person  or  persons, 
bodies  or  body  corporate,  or  other  association,  by 
which  such  officer,  agent  or  servant  is  to  derive  any 
benefit  or  advantage,  directly  or  indirectly,  from  the 
deposit  with  such  person  or  persons,  body  or  bodies 
corporate,  or  other  association,  of  any  moneys  or 
valuable  securities  held  by  such  officers,  agents  or 
servants,  by  virtue  of  his  office,  agency  or  employ- 
ment, such  contract  shall,  as  to  such  officer,  agent 
or  servant,  be  utterly  null  and  void ;  but  the  person  or 
persons,  body  or  bodies  corporate,  or  other  associa- 
tion, shall  be  liable  to  the  county,  city,  town,  town- 
ship or  school  district  where  funds  are  deposited,  in 
an  action  for  the  recovery  of  all  such  benefits  or  ad- 
vantage as  would,  by  the  terms  of  such  contracts  or 
agreement,  have  accrued  to  such  officer,  agent  or 
servant;  and  payment  to  the  officer,  agent  or  serv- 
ant shall  not  protect  the  person  or  persons,  body  or 
bodies  corporate,  or  other  association,  against  an 
action  of  recovery  brought  by  the  county,  city,  town, 
township  or  school  district  whose  funds  are  so  de- 
posited.—#.'  8. 1823 

181.  Penalty.     Any  such  officer,  agent  or  serv- 
ant who  shall  make  any  such  contract  or  agreement 
as  described  in  the  last  section  of  this  act,  or  AV!IO 
shall  receive  any  benefit  or  advantage,  directly  or 
indirectly,  from  the  deposit  of  any  money  or  val- 
uable security  held  by  him  as  such  officer,  agent  or 
servant,  or  over  which  he  has  control,  care  or  super- 
vision,  by  virtue  of  his  office,   agency   or  service, 
shall,  upon  conviction  thereof,  be  punished  by  im- 

250 


I  TNI  is  §182 

prisonmeiit  in  the  penitentiary  not  less  than  one 
year  or  by  fine  not  less  than  five  hundred  dollars. 
l»ie.  N.  1824 

182.  Permanent  funds  from  sale  of  school -lands 
— how  invested.  Permanent  funds  arising  ffom  the 
sale  <>1'  the  sehool  lands  of  the  state  of  Colorado 
remaining  uninvested  may  he  loaned  out  by  the 
treasurer  of  the  state  of  Colorado  at  the  direction 
of  the  state  board  of  land  commissioners  to  the 
.state  military  board  "provided  the  total  loans  so 
made  shall  at  no  time  exceed  the  military  poll-tax 
collected  in  the  preceding  biennial  period,"  for  the 
purpose  of  purchasing  or  acquiring  lands,  buildings, 
tenements  and  appurtenances,  or  erecting  buildings, 
necessary  for  use  as  armories  for  the  organized  mili- 
tia of  the  state  of  Colorado;  such  necessity  for  the 
acquiring  of  said  lands,  buildings,  tenements  and 
appurtenances  or  erection  of  buildings  for  use  as 
armories  for  the  organized  militia  of  the  state  of 
Colorado  shall  be  determined  by  the  state  board  of 
land  commissioners  and  said  state  military  board. 

Said  loans  may  be  directed  by  said  state  board 
<>f  land  commissioners  in  such  amount  or  amounts, 
and  upon  such  terms  as  to  payment  and  rate  of  in- 
terest thereon,  not  exceeding  five  per  centum  per 
annum,  as  ma^  be  mutually  determined  by  said 
board  of  land  commissioners  and  said  state  military 
board,  and  shall  be  secured  by  mortgage  or  deed  of 
trust  upon  said  lands,  buildings,  tenements  and  ap- 
purtenances so  acquired  or  erected  for  armories, 
which  said  lands,  buildings,  tenements  and  appur- 
tenances shall  be  free  and  clear  of  liens  and  incum- 

251 


§  183  FUNDS 

brances,  save  and  except  the  loans  made  to  it  out 
of  the  said  permanent  fund  as  herein  provided. 
—8.  L.  '11,  p.  599 

183.  Permanent  fund  reimbursed  from  military 
poll-tax  fund.  The  permanent  fund  arising  from  the 
sale  of  school  lands  of  the  state  of  Colorado  shall 
be  reimbursed  by  the  military  board  from  the  mili- 
tary poll-tax  fund  at  a  rate  of  not  less  than  ten 
thousand  dollars  per  annum.— 8.  L.  '11,  p.  600 


252 


HAZING 


184.  Hazing  unlawful.     It  shall  be  unlawful  for 
any  person  to  cn.u'ii^'  in  nny  of  these  practices  com- 
monly called  "Hazing"  or  in  any  acts  of  torturing, 
tormenting,  or  in  any  way  maltreating  a  fellow  in- 
mate, employe  or  student. — R.  8. 1661 

185.  Punishment  for  hazing.    Any  person  found 
guilty  of  the  violation  of  the  provisions  of  the  first 
section  of  this  act  shall  be  deemed  guilty  of  a  mis- 
demeanor and  shall  upon  conviction  be  fined  not  less 
than  five  nor  more  than  fifty  dollars.— #.  8. 1662 

186.  Punishment  for  hazing  in  educational  in- 
stitutions.    Any   officer,   teacher,    or   student    con- 
nected with  any  of  the  state  institutions  of  this  state 
who  shall  be  found  guilty  of  violating  the  provisions 
of  this  act,  shall,  if  a  teacher  or  employe,  be  dis- 
missed from  the  further  service  of  such  state  insti- 
tution, and  if  a  student,  his  conviction  shall  work 
expulsion  from  the  state  institution  he  may  be  at- 
tending, in  perpetuum.— R.  8. 1663 

187.  Hazing — jurisdiction    of    justice    of    the 
peace.     Any  justice    of   the    peace    of   the    county 
wherein  any  of  the  offenses  herein  described  may  be 
committed  shall  have  jurisdiction  of  complaints  com- 
ing within  the  provisions  of  this  act. — R.  8. 1664 


253 


GARNISHMENTS 


188.  School   districts   subject   to   garnishment. 

That  all  counties,  school  districts  and  municipal  cor- 
porations shall  be  subject  to  garnishment  upon  writs 
of  attachment  and  execution  in  the  same  manner 
that  private  corporations  and  persons  are  now,  or 
may  hereafter  be  subject  to  garnishment  under  such 
writs.— 8.  L.  '11,  p.  445 

189.  Provisions  apply  to  all  salaries,  wages,  etc. 
That  it  is  hereby  declared  that  no  provision  of  this 
act  is  contrary  to  public  policy,  and  that  the  provi- 
sions of  this  act  are  meant  to  apply  to  all  salaries, 
wages,    credits,    moneys  and  all  choses    in    action, 
whether  the   collection  of  the   same  might  be  en- 
forced by  any  action  in  court,  by  the  writ  of  man- 
damus, or  in  any  manner  whatsoever.—  S.L.  '11,  p.  445 

Note.     School  districts  subject  to  garnishment,  see  garnish- 
ments, section  188  herein. 


HIGH  SCHOOLS 


COUNTY   HIGH    SCHOOLS. 

190.  Counties  classified.  For  the  purposes  of 
this  act  the  several  counties  of  this  state  shall  be 
classified  with  reference  to  population  and  divided 
into  five  classes  as  provided  by  sections  2565,  2566 
.UK!  2567  of  the  revised  statutes  of  Colorado,  1908, 
as  follows: 

The  city  and  county  Denver,  unless  otherwise 
provided  in  the  charter  thereof,  shall  be  first  class; 
Ml  Paso,  Teller  and  Pueblo  counties  shall  be  second 
class:  Boulder.  Fremont,  Lake,  Pitkin,  Las  Animas 
ami  \Veld  counties  shall  be  third  class;  Adams, 
Arapahoe,  Chaffee,  Clear  Creek,  Conejos,  Costilla, 
I  Vita,  Douglas,  Eagle,  Garfield,  Gilpin,  Gunnison, 
Huerfano,  Larimer,  La  Plata,  Logan,  Mesa,  Mont- 
rose,  Morgan,  Ouray,  Otero,  Park.  Prowers,  Jeffer- 
son, Rio  Grande,  Routt,  Saguache,  San  Miguel  and 
San  Juan  counties  shall  be  fourth  class;  Archuleta, 
Baca,  Bent,  Cheyenne,  Custer,  Dolores,  Elbert, 
Grand,  Hinsdale,  Kiowa,  Kit  Carson,  Lincoln,  Mon- 
Ic/nina,  Mineral,  Phillips,  Rio  Blanco,  Scdgwick, 
Summit.  Washington  and  Yum  a  counties  shall  be 
fifth  class.  The  counties  of  the  fourth  class  shall  be 
divided  into  two  divisions,  known  as  "A"  and  "B." 
The  counties  comprising  division  "A"  shall  be 
Adams.  Arapahoe,  Chaffee,  Clear  Creek,  Conejos, 
s.  Garfield,  Gilpin,  Gunnison,  Huerfano,  Jef- 
.  Larimer,  La  Plata,  Mesa,  Otero,  Ouray  and 
San  Miguel:  and  the  counties  comprising  division 
"B"  shall  l.c  Costilla,  Delta,  Routt,  Eagle,  Logan. 

255 


§191  HIGH  SCHOOLS 

Moritrose,    Morgan,    Park,    Prowers,     Rio     Grande, 
Saguache  and  San  Juan.— s.  L.  '09,  p.  397 

191.  Petition  for  organization — county  superin- 
tendents— submission  to  voters.  On  the  petition  of 
fifty  voters  having  the  qualifications  hereinafter 
prescribed,  of  any  county  of  the  second,  third 
fourth  or  fifth  class,  the  county  superintendent  of 
public  schools  of  such  county  shall  give  notice  not 
less  than  twenty  days  before  any  regular  meeting 
now  or  which  may  hereafter  be  provided  by  law,  for 
electing  members  of  school  boards  in  the  respective 
districts  of  the  state,  that  the  question  of  organizing 
the  county  into  one  high  school  district  for  high 
school  purposes,  will  be  submitted  to  the  qualified 
voters  of  the  respective  school  districts  in  the  coun- 
ty, at  such  meeting.  Qualified  voters  of  a  joint 
school  district  who  may  reside  in  any  county  pro- 
posing to  organize  as  aforesaid,  shall  be  entitled  to 
vote  at  said  meeting— £.  L.  '09,  p.  398 

Note.  For  different  kinds  of  public  schools  and  how  main- 
tained, see  note  1,  section  238. 

High  schools — kinds. 

Note.  There  are  three  kinds  of  high  schools  authorized  by 
the  laws  of  this  state — county  high  schools,  union  high  schools, 
and  district  high  schools — and  each  is  entirely  separate  and  dis- 
tinct from  the  others.  While  county  and  union  high  schools  may 
be  composed  of  all  class  districts,  a  district  high  school  can  be 
maintained  only  in  a  first  or.  second  class  district,  although  there 
is  no  law  to  prevent  a  third  class  district  from  adding  certain  of 
the  so-called  high  school  branches.  Section  206  provides  that  no 
district  shall  be  taxed  for  more  than  one  kind  of  high  school 
without  its  consent.  When  a  county  high  school  is  being-organ- 
ized, districts  with  a  high  school,  or  in  a  union  high  school  dis- 
trict, may  vote  against  the  county  high  school.  If  a  majority 
vote  against  such  organization,  such  district  shall  be  excluded 
from  the  county  high  school  district. 

256 


HIGH  SCHOOLS  §§192-193 

County  high  schools — how  maintained. 

Note.  County  high  schools  are  maintained  by  their  quota  of 
the  general  school  fund  and  from  a  tax  levy,  not  to  exceed  four 
mills,  made  by  the  county  commissioners  and  collected  as  other 
taxes. 

192.  Election  notices  posted  twenty  days — con- 
tents.   The  county  superintendent  shall  cause  to  be 
posted  in  the  manner  hereinafter  prescribed,  notices 
in  each  school  district  in  the  county,  that  such  peti- 
tion has  been  made  and  that  at  the  next  regular 
meeting  for  electing  members  of  school  boards,  the 
question   of   organizing  the    county    into   one   high 
school  district  for  high  school  purposes,  will  be  sub- 
mitted to  the  qualified  voters  of  the  district.     The 
secretary  of  each  school  board  shall,  under  the  di- 
rection of  the  county  superintendent,  cause  written 
or  printed  notices  to  be  posted  in  his  district,  speci- 
fying the  purpose,  the  day  and  the  place  or  places 
of  such  election,  and  the  time    during    which    the 
ballot  box  or  boxes  shall  be  kept  open,  not  less,  how- 
ever, than  three  hours.    The  time  and  place  specified 
in  such  notice  shall  be  the  same  time  and  place  at 
which  the  regular  election  of  members  of  the  school 
board  shall  be  held.    Said  notices  shall  be  posted  in 
at  least  three  public  places  in  the  district,  one  of 
which  shall  be  the  school  house,  if  there  be  one,  at 
least  twenty  days  previous  to  the  time  of  such  elec- 
tion.—S.  L.  '00,  p.  398 

193.  Who   may   vote — form   of  ballot — judges. 
Every  legally   qualified  elector  of  his  district  en- 
titled to  vote  for  members  of  school  boards,  and  none 
other,  shall  be  entitled  to  vote  at  such  meeting  upon 
such  question  of  organization.     After  the  organiza- 
tion of  the  meeting  for  the  election  of  members  of 

257 


§194  HIGH  SCHOOLS 

the  school  board,  the  qualified  electors  shall  proceed 
to  vote  by  ballot  on  the  question  whether  or  not  the 
proposed  high  school  district  for  high  school  pur- 
poses, shall  be  organized.  Those  in  favor  of  organi- 
zation shall  vote  "For  the  organization,"  and  those 
opposed,  "Against  the  organization."  The  ballots 
upon  the  question  of  organization  shall  be  deposited 
by  the  voters  in  a  separate  ballot  box  to  be  pro- 
vided by  each  school  district  for  said  purpose.  The 
president,  secretary  and  treasurer  of  the  district 
school  board  shall  act  as  judges  of  the  election  and 
should  any  of  the  judges  be  absent  at  the  opening 
oi  the  polls,  the  electors  present  shall  appoint  a  legal 
voter  to  fill  the  vacancy.  —8.  L.  '09,  p.  398 

194.  Canvass — certificates  sent  county  superin- 
tendent. Immediately  after  the  closing  of  the  polls 
the  judges  shall  open  the  ballot  box  and  proceed  to 
count  the  votes  polled,  and  the  counting  thereof 
shall  be  commenced  and  continued  until  finished  be- 
fore the  judges  shall  adjourn.  As  soon  as  all  the 
ballots  shall  have  been  counted,  the  judges  shall 
make  out  a  certificate  under  their  hands  certifying 
the  whole  number  of  votes  cast  upon  the  question  of 
organization  -and  the  number  of  votes  cast  for  or- 
ganization and  the  number  of  votes  cast  against  or- 
ganization. Said  certificate,  together  with  the 
ballots  cast  upon  the  question,  shall  then  be  en- 
closed and  sealed  up  under  suitable  cover,  and  di- 
rected to  the  county  superintendent  of  the  county 
in  which  such  election  is  held,  and  the  packet  thus 
sealed  shall  be  sent  by  registered  letter,  where  prac- 
ticable, otherwise  it  shall  be  conveyed  by  one  of  the 
judges  of  the  election,  to  be  determined  by  lot  if 

258 


HIGH  SCHOOLS  §  195 

they  cannot  agree  otherwise,  within  three  days  after 
the,  closing  of  the  polls.— 8.  L.  '09,  p.  399 

195.  County  superintendent  announce  result- 
call  directors — elect  committee.  On  the  tenth  day 
after  the  close  of  the  election,  or  sooner  if  all  the 
rHurns  be  received,  the  county  superintendent  of 
the  county  shall  proceed  to  open  the  said  returns 
and  determine  the  result  of  the  election  therefrom. 
Said  county  superintendent  shall  make  and  perma- 
nently preserve  in  his  office  a  record  of  the  total 
number  of  votes  cast  upon  the  said  question  of  or- 
ganization, and  the  number  of  votes  cast  for  organ- 
ization and  against  organization.  If  it  shall  appear 
from  such  record  that  the  majority  of  the  votes  cast 
on  the  question  of  organizing  the  county  into  one 
lii.irh  school  district  for  high  school  purposes,  shall 
be  in  favor  of  such  organization,  the  county  superin- 
tendent of  public  schools  of  such  county,  shall  by 
notification  by  mail  and  by  publication  where  prac- 
ticable, call  a  meeting  of  the  directors  of  the  re- 
spective districts  of  said  county,  which  meeting  shall 
be  held  at  the  office  of  said  county  superintendent 
not  later  than  thirty  days  after  the  election  herein 
provided  for.  Such  meeting  shall  be  organized  by 
the  election  of  a  temporary  chairman  and  secretary, 
and  the  directors  present  shall  then  proceed  to  elect 
by  ballot  from  among  the  members  of  said  boards 
of  directors,  four  persons,  who  with  the  county  su- 
perintendent of  public  schools  as  an  ex  officio  mem- 
ber, shall  be  known  as  the  high  school  committee. 
No  two  members  of  any  board  of  directors  shall  at 
the  same  time  be  members  of  the  high  school  com- 
mittee, except  in  counties  where  there  are  less  than 

269 


§196  HIGH  SCHOOLS 

four  districts.  Immediately  after  its  election  as 
aforesaid,  the  committee  shall  select  from  its  mem- 
bers a  president  and  a  treasurer.  The  county  su- 
perintendent of  schools  shall  be  ex  officio  the  secre- 
tary of  the  committee. — s.L.  '09,  p.  399 

County  superintendent  has  vote — need  not  give  bond. 

1.  The  county  superintendent  has  a  vote  as  a  member 
of  a  county  high  school  committee.     This  also  involves  his 
voting  whether  there  is  or  is  not  a  tie. 

2.  A   county   superintendent   need   not   give   bond   as 
secretary  of  the  county  high  school  committee,   since  his 
bond  as  county  superintendent  covers  all  obligations  im- 
posed upon  him  as  an  official. 

County  superintendent  has  no  vote  selecting   nigh  school 
committee. 

3.  The  law  in  regard  to  county  high  schools  gives  the 
county   superintendent  no  authority  to  vote  with  the   di- 
rectors of  the  county  in  selecting  a  high  school  committee, 
even  in  the  case  of  a  tie  vote.     But  the  selection  of  the 
member  of  such  committee  should  be  by  a  majority  vote 
of  all  the  legal  votes  present. 

County  superintendent  not  entitled  to  salary  as  secretary. 

4.  The    law    provides    that    a    county    superintendent 
shall  be  ex-officio  a  member  and  secretary  of  the  county 
high    school    committee;    and    therefore    all    services    per- 
formed by  him  as  said  secretary  is  by  virtue  of  his  office 
of  county  superintendent  and  for  which  he  is  entitled  to 
no  further  compensation  than  his  salary  as  superintendent. 

196.  Term  of  members  of  high  school  committee 
— vacancy — how  filled.  The  term  of  office  of  each 
member  of  the  high  school  committee  shall  expire 
simultaneously  with  the  expiration  of  his  term  of 
office  as  a  director  of  the  school  district  wherein  he 
resides,  and  the  vacancy  thus  created  shall  be  filled 
by  the  directors  of  the  various  school  districts  of 
the  county,  at  a  meeting  held  at  the  office  of  the 
county  superintendent  not  later  than  thirty  days 
after  the  occurrence  of  the  vacancy.  The  secretary 

260 


HIGH  SCHOOLS  §§197-198 

of  the  committee  shall  give  each  director  at  least 
ten  days'  notice  by  mail  of  the  holding  of  such  meet- 
ing. All  vacancies  caused  in  any  other  manner  than 
by  expiration  of  term  of  office  shall  be  filled  by  ap- 
pointment by  the  county  superintendent  of  public 
schools.— #.  L.  '09,  p.  400 

Expiration  of  office. 

1.  The  tenure  of  office  as  a  member  of  the  county 
high  school  board  expires  with  the  expiration  of  the  term 
of  office  of  the  member  of  the  board  in  the  district  where 
he  has  been  elected  to  office.     The  fact  of  his  re-election 
in  the  district  would  not  necessarily  mean  the  continuance 
of  his  office  as  a  member  of  the  high  school  board.     His 
continuing  to  hold  the  position  would  be  entirely  dependent 
upon  the  fact  of  his  being  again  selected  to  the  joint  school 
board   after  his  re-election  as  a   member  of  the   district 
board. 

2.  In    case   an   appointment   to    fill   a   vacancy   in    a 
county  high  school  committee  is  made,  it  holds  only  until 
the  next  election,   and   not  until  the  appointee's   term  as 
director  of  the  school  district  is  concluded. 

197.  Meetings   of   committee — regular — special. 
The  regular  meetings  of  the  high  school  committee 
shall  be  held  on  the  first  Saturday  of  March,  June, 
September  and  December  in  each  year,  and  special 
meetings  may  be  held  upon  call  of  the  president  or 
secretary  of  the  committee  or  upon  request  of  any 
two  members  thereof  .—8.  L.  '09,  p.  400 

Twenty  days'  notice  of  special  meeting. 
1.  It  will  be  necessary  to  give  twenty  days'  notice  of 
the  special  meeting  called  for  the  purpose  of  voting  upon 
the  question  of  supplying  free  text  books  for  the  county 
high  school,  and  notices  should  be  posted  in  the  various 
school  districts  composing  the  county  high  school  district 
as  is  required  in  the  case  of  a  special  district  meeting  or 
election. 

198.  High    school    district    a    body    corporate. 
Each  regularly  organized  high  school  district  here- 

261 


§§199-200  HIGH  SCHOOLS 

tofore  formed,  or  that  may  be  formed,  as  provided 
in  this  act,  is  hereby  declared  to  be  a  body  corpo- 
rate, by  the  name  and  style  of  " 

county  high  school  district  in  the  state  of  Colo- 
rado," and  in  that. name  may  hold  property  and  be 
a  party  to  suits  and  contracts,  the  same  as  munici- 
pal corporations  in  this  state. — 8.  L.  '09,  p.  400 

199.  May  hold  real  estate.    It  shall  be  lawful 
for  any  high  school  district  in  this  state  to  take  and 
hold,  under  the  provisions  of  any  law  now  or  here- 
after in  force  providing  for  the  exercise  of  the  right 
of  eminent  domain,  so  much  real  estate  as  may  be 
necessary  for  the    location    and    construction    of    a 
high  school  building  or  buildings  and  convenient  use 
of  the  high  school. — 8.  L.  '09,  p.  401 

200.  Powers  and  duties  of  committee.     Every 
high  school  committee,  unless  otherwise  provided  by 
law,  shall  have  the  power,  and  it  shall  be  their  dut.7 : 

First — To  employ  or  discharge  teachers,  me- 
chanics and  laborers,  to  fix  and  order  paid-  their 
wages,  and  to  determine  the  rate  of  tuition  for  non- 
resident pupils. 

Second — To  enforce  the  rules  and  general  regu- 
lations of  the  state  superintendent,  to  fix  the  course 
of  study,  the  exercises  and  kind  of  text  books  to  be 
used;  Provided,  That  but  one  kind  of  text  book  of 
the  same  grade  or  branch  of  study  shall  be  used  in 
the  same  department  of  a  high  school,  and  that 
after  the  adoption  of  any  book,  it  shall  not  be 
changed  in  less  than  four  years,  unless  the  price 
thereof  shall  be  unwarrantably  advanced,  or  the 
mechanical  quality  lowered,  or  the  supply  stopped. 

262 


HIGH  SCHOOLS  §200 

Third — To  provide  for  school  furniture,  and  for 
everything  needed  in  the  high  school  building,  or 
for  the  use  of  the  high  school  committee. 

Fourth — To  rent,  repair  and  insure  high  school 
buildings. 

Fifth — To  build  or  remove  high  school  buildings, 
and  to  purchase  or  sell  school  lots  when  directed  by 
a  vote  of  the  high  school  district  so  to  do. 

Sixth — To  hold  in  trust  for  their  high  school  dis- 
trict all  real  or  personal  property  for  the  benefit  of 
the  high  school  thereof. 

Seventh — To  suspend  or  expel  pupils  from  the 
high  school  who  refuse  to  obey  the  rules  thereof. 

Eighth — To  determine  the  number  of  teachers 
that  shall  be  employed  and  the  length  of  time  in 
each  year  during  which  the  high  school  shall  be 
kept,  and  to  fix  the  time  for  the  opening  or  closing 
of  the  high  school. 

Ninth — To  provide  books  for  indigent  children 
on  the  written  statement  of  the  teachers  that  the 
parents  of  such  children  are  not  able  to  purchase 
them,  and  to  furnish  free  text  books  for  the  use  of 
all  pupils,  when  authorized  to  do  so  by  a  majority 
vote  of  the  high  school  district,  as  expressed  at  any 
regular  or  special  meeting,  i 

Tenth — To  require  all  pupils  to  be  furnished  with 
the  proper  and  suitable  books  as  a  condition  of  mem- 
bership in  the  high  school. 

Eleventh — To  exclude  from  the  high  school  and 
its  libraries  all  books,  tracts,  papers  and  other  pub- 
lications of  an  immoral  or  pernicious  tendency. 

Twelfth — To  require  teachers  to  conform  to  the 
law. 

263 


§200  HIGH  SCHOOLS 

Thirteenth — To  make  an  annual  report,  as  re- 
quired by  law,  to  the  county  superintendent^  on  or 
before  the  first  day  of  August  of  each  year,  in  the 
manner  and  form  and  on  the  blanks  prescribed  and 
furnished  by  the  superintendent  of  public  instruc- 
tion. 

Fourteenth — To  make  a  report  directly  to  the 
state  superintendent  whenever  instructed  by  him  so 
to  do. 

Fifteenth — Whenever  a  pupil  resident  in  one 
high  school  district  desires  to  attend  the  high 
school  in  another  high  school  district,  such  pupil 
shall  be  permitted  to  do  so ;  Provided,  That  the  high 
school  committee  may  refuse  to  admit  pupils  from 
other  high  school  districts  upon  the  ground  of  in- 
sufficient room.—  8.  L.  '09,  p.  401 

Powers  of  committee. 

1.  The  county  high  school  committee  would  not  have 
the  authority  to  hire  the  county  superintendent  to  teach 
in  such  high  school,  such  superintendent  still  holding  office 
as  county  superintendent,  which  makes  him  a  member  of 
the  county  high  school  committee. 

2.  A  county  high  school  committee  has  not  the  author- 
ity to  furnish  free  text  books  to  the  pupils  attending  the 
school  unless  a  majority  vote  of  the  electors  of  the  county 
has  been  cast  in  favor  of  t such  action. 

3.  The  county  high  school  district  has  the  right  to 
levy  a  one-tenth  mill  tax  for  library  purposes,  just  as  any 
other  district  has. 

4.  The   county   may    be  bonded   for   the   expenses   of 
building  just  as  any  school  district  may  be  bonded. 

5.  It    is   the   duty   of   the   high   school   committee   to 
certify  to  the  board  of  county  commissioners  the  amount 
of  tax  to  be  levied  for  county  high  school  purposes,  and  it 
then   becomes    the    duty   of   the    county    commissioners   to 
levy  the  tax.     If  the  high  school  committee  fails  to  per- 
form its  duty,  it  may  be  required  to  do  so  by  mandamus. 

264 


HIGH  SCHOOLS  §201 

Principal  cannot  Z>e  county  superintendent. 

6.  In  the  case  of  the  principal  of  a  county  high  school 
teing  elected  county  superintendent,  he  could  not  legally 
hold  both  positions. 

Principal  has  no  authority  over  county  schools. 

1.  The  principal  of  a  county  high  school  has  authority 
only  over  such  high  school  rooms,  and  has  no  control  over 
the  country  schools  in  the  same  district. 

Special  certificate  to  teach  in  high  schools. 

8.  The  law  makes  the  same  requirements  of  the  prin- 
cipal or  teachers  of  a  county  high  school  as  of  any  school 
of   high   grade.     Therefore,   a   special   certificate    covering 
the  high  school  branches  must  be  obtained  by  the  appli- 
cant who  expects  to  teach  in  a  county  high  school. 

Warrants  not  drawn  till  levy  made. 

9.  Warrants  cannot  be  legally  drawn  and   registered 
on  the  county  high  school  fund  before  the  levy  has  been 
made. 

How  county  high  school  supported. 

10.  Persons  attending  the  county  high  school  will  not 
draw  state  and  county  funds  from  the  quarterly  and  semi- 
annual apportionments  as  a  separate  amount  for  the  benefit 
of  the  high  school.     Their  names  are  to  be  included  in  the 
various  districts  where  they  reside,  said  districts  drawing 
the  per  capita  amount  for  their  names.     The  high  school 
is  expected  to  be  entirely  supported  by  direct  taxes. 

201.  •  Powers  and  duties  of  president.  The  presi- 
dent, when  present,  shall  preside  at  all  meetings  of 
the  high  school  committee  and  of  the  high  school 
district;  shall  sign  all  orders  on  the  county  treas- 
urer for  the  payment  of  money;  Provided,  however, 
That  no  orders  shall  be  drawn  upon  the  county 
treasurer  except  in  favor  of  parties  to  whom  the 
high  school  district  has  become  lawfully  indebted. 
He  shall  appear  in  behalf  of  his  high  school  district 
in  all  suits  brought  by  or  against  the  same,  but  when 
he  is  individually  interested  this  duty  shall  be  per- 
formed by  the  secretary,  and  in  the  absence  of  the 

265 


§§202-203-204  HIGH  SCHOOLS 

president  the  secretary   shall  preside   at  the   com- 
mittee and  district  meetings. — 8.  L.  '0.9,  p.  402 

202.  Powers  and  duties  of  secretary.    The  sec- 
retary shall  keep  an  accurate  account  of  the   ex- 
penses   incurred   by   the   high   school   district,    and 
shall  present  the  same  to  the  committee  whenever 
called  upon.    He  shall  give  the  required  notice  of  all 
regular  and  special  meetings  as  herein  authorized. 
He  shall  keep  the  same  records  and  make  the  same 
reports  as  are  now  or  may  hereafter  be  required  by 
law  to  be  kept  and  made  by  secretaries  of  public 
school  districts. — 8.  L.  '09,  p.  402 

203.  Powers  and  duties  of  treasurer.   The  treas- 
urer shall  countersign  all  warrants  drawn  by  the 

president  and  secretary  on  the  county  treasurer,  in 
favor  of  parties  to  whom  the  high  school  district 
has  become  lawfully  indebted,  and  keep  an  account 
of  the  same.  He  shall  take  charge  of  all  moneys  re-  j 
ceived  by  him  on  account  of  the  high  school  district 
from  the  county  treasurer,  as  now  provided  by  law, 
and  pay  out  the  same  as  by  law  provided.  He  shall 
render  a  statement  of  the  finances  of  the  district,  as  I 
shown  by  the  records  of  his  office,  at  the  close  of 
each  school  year  and  at  any  other  time  when  re- 
quired by  the  committee.  The  treasurer  shall  per- 
form such  additional  and  be  subjected  to  such  addi- 
tional obligations  as  are  now  or  may  hereafter  be 
imposed  by  law  upon  the  treasurers  of  public  school 
districts.—  s.  L.  '09,  p.  403 

204.  Powers  and  duties  same,  directors  first  and 
second  classes.    Each  high  school  district  heretofore 
formed  or  that  may  be  formed,  as  provided  in  this 
act,  shall  exercise  all  the  powers  and  perform  all 

266 


HIGH  SCHOOLS  §§205-206 

the  duties  that  are  at  the  time  of  the  adoption  of  this 
act  accorded  to  and  required  of  directors  of  first 
and  second  class  districts  throughout  the  state;  Pro- 
vided, That  the  amount  of  tax  certified  to  the  coun- 
ty commissioners  for  the  maintenance  of  the  high 
school  in  any  high  school  district,  shall  in  no  case 
exceed  four  mills  on  the  dollar,  of  the  assessed  val- 
uation of  the  high  school  district. — 8.  L.  '09,  p.  403 

205.  Tax  levied  by  county  commissioners — col- 
lected and  paid  out  by  county  treasurer  on  warrant 
president  and  secretary.     The    county    commission- 
ers of  any  county  wherein  is  a  high  school  district 
heretofore  organized  according  to  law,  or  where  an%> 
high  school  district  is  organized  under  the  provi- 
sions of  this  act,  or  heretofore  organized  as  a  union 
high  school  at  any  county  seat,  under  section  595G 
of  the  Revised  Statutes  of  Colorado  of  1908,  shall 
levy  annually,  at  the  time  of  levying  taxes  for  other 
purposes,  a  high  school  tax  on  all  the  taxable  prop- 
erty of  the  county,  said  tax  not  to  exceed  four  mills 
on  the  dollar  of  the  assessed  valuation.     The  high 
school  tax  shall  be  assessed  and  collected  in  the  same 
manner  as  other  taxes  are  assessed   and   collected 
and  shall  be  paid  out  by  the  county  treasurer  on 
warrant  drawn   by  the  president  and  secretary  of 
the   high   school   committee   and   countersigned    by 
the  treasurer  thereof .— flf.  L.  '09,  p.  403 

Levy  for  library. 

1.  The  county  high  school  district  has  the  right  to 
levy  a  one-tenth  mill  tax  for  library  purposes,  just  as  any 
other  district  has. 

206.  High  school  districts  subject  to  provisions 
of  this  act.    All  high  school  districts  organized  and 
now  existing  under  the  provisions  of  chapter  100  of 

2G7 


§206  HIGH  SCHOOLS 

the  Session  Laws  of  Colorado,  1899,  being  "An  act 
to  provide  for  the  establishment  and  support  of  high 
schools  in  counties  of  the  fourth  and  fifth  classes," 
approved  April  8th,  1899,  or  under  chapter  219  of 
the  Session  Laws  of  Colorado,  1907,  being  "An  act 
to  amend  an  act  entitled  an  act  to  provide  for  the 
establishment  and  support  of  high  schools  in  coun- 
ties of  the  fourth  and  fifth  classes,"  approved  April 
9th,  1907,  are  hereby  declared  to  be  duly  organized 
high  school  districts  under  the  provisions  of  this 
act,  and  entitled  to  enjoy  all  the  privileges  and  ex- 
ercise all  the  powers  conferred  by  this  act,  and  shall 
hereafter  be  subject  to  the  provisions  of  this  act ; 
Provided,  That  no  school  district  in  any  county  shall 
be  taxed  without  its  consent  for  the  support  of  more 
than  one  class  or  kind  of  high  school,  the  establish- 
ment of  which  is  authorized  by  law;  and  in  voting 
on  the  organization  of  a  county  high  school  district 
under  the  provisions  of  this  act,  any  school  district 
then  maintaining  a  high  school  or  any  school  dis- 
tricts then  organized  into  a  union  high  school  dis- 
trict and  maintaining  therein  a  union  high  school 
may  by  voting  against  the  organization  of  a  county 
high  school  district  be  excluded  from  such  county 
high  school  district;  but  if  any  school  district  main- 
taining a  high  school  or  districts  maintaining  a 
union  high  school  shall,  under  the  provisions  of  this 
section,  vote  against  the  organization  of  a  county 
high  school  district,  the  ballots  cast  in  such  dis- 
trict or  districts  shall  be  considered  only  upon  the 
question  of  exclusion  and  shall  not  be  considered 
in  determining  the  final  result  upon  the  question  of 
organizing  a  county  high  school  district.  And  pro- 

268 


HIGH  SCHOOLS  §207 

viding,  further,  That  any  school  district  maintain- 
ing a  high  school,  or  any  districts  organized  into  a 
union  high  school  district  and  maintaining  therein  a 
union  high  school,  may  abandon  such  high  school- 
organization  and  organize  under  the  provisions  of 
this  act.  —8.  L.  '09,  p.  407 

'    UNION   HIGH  SCHOOLS. 

207.    Union      high      school — how     established. 

AYhenever  the  school  boards  of  two  or  more  contig- 
uous school  districts  shall  each  deem  it  advisable  to 
establish  a  union  high  school,  the  county  superin- 
tendent shall,  at  the  request  of  two  of  the  secretaries 
of  the  boards,  call  a  meeting  of  the  boards  interested 
by  giving  personal  notice  to  each  member,  which 
meeting  shall  elect  by  ballot  from  among  the  mem- 
bers of  said  boards,  if  a  majority  of  the  members  of 
each  board  are  present,  a  committee  of  three,  to  be 
known  as  the  high  school  committee  of  such  union 
school.  The  county  superintendent  shall  be,  ex  of- 
ficio,  an  additional  member  of  said  committee,  and 
shall  preside  at  the  meetings  thereof.  There  shall  be 
elected  a  secretary  of  such  committee,  and  if  need 
be  a  treasurer.  In  any  case  in  which  the  county 
seat  of  any  county  shall  be  all  included  in  one  school 
district  the  board  of  such  school  district  shall  have 
the  same  powers  of  establishing  and  organizing  a 
high  school  as  are  hereby  given  to  the  boards  of  two 
or  more  contiguous  school  districts,  and  in  such  case 
the  high  school  committee  shall  be  the  board  of 
such  school  district,  or  such  three  members  as  they 
may  select.  High  schools  formed  under  the  provi- 
sions of  this  section  shall  be  open  to  children  from 
all  districts  of  the  county  in  which  they  are  so 

269 


§207  .  HIGH  SCHOOLS 

formed,  provided,  such  children    are    qualified,    as 
hereinafter  provided.—  R.  8.  5956 

Note.  Union  high  schools  in  counties  of  fourth  and  fifth 
classes,  section  214. 

Note.  For  different  kinds  of  public  schools  see  note  1,  sec- 
tion 238,  herein. 

Union  high  schools — kinds. 

Note.  The  union  high  schools  authorized  by.  the  laws  of  this 
state  may  be  conveniently  classified  under  three  general  head- 
ings, according  to  the  method  provided  for  maintaining  them: 

1.  Those  organized   under  section  207   herein   from   two  or 
more   contiguous   districts   of  any   class   in   any   class   counties, 
which  are  maintained  by  their  quota  from  the  general  fund;  and 
a  deficit,  if  any,  is  made  up  from  the  several  district  funds,  in 
proportion  to  the  number  of  pupils  attending  from  each. 

2.  Those  organized  under  section  207  herein  at  any  county 
seat,  where  the  entire  town  or  city  is  included  in  one  district, 
which  are  maintained  by  their  quota  from  the  general  fund  and 
from  a  tax,  not  to  exceed  four  mills,  levied  by  the  county  com- 
missioners. 

3.  Those  organized  under  section  214  herein  in  counties  of 
the  fourth  and  fifth  classes  of  districts  tying  adjacent  to  incor- 
porated towns  or  cities,  and  of  districts  afterward  added  thereto, 
which  are  maintained  by  a  tax,  of  not  less  than  one  nor  more 
than  three  mills,  levied  by  the  county  commissioners— the  school 
building  to  be  furnished  by  the  incorporated  town  or  city. 

High  school  committee  at  county  seat, 
a.    The  committee  of  a  high  school  in  a  district  which 
includes  the  county  seat  consists  of  either  the  full  board  of 
the  school  district,  or  of  three  members  of  it  as  the  district 
board  may  determine.— Money  v.  McCauley,  44  C.  272 

How  established. 

1.  The   directors   of   a   third   class   district   have   no 
authority  to  establish  a  high  school  except  under  the  pro- 
visions of  Section  207  of  the  School  Laws,  Annotated,  when 
such  district  embraces  within  itself  a  county  seat. 

Committee — oath — bond — members. 

2.  A  high  school  committee  shall  consist  of  only  three 
members,  and  the  county  superintendent  shall  be,  ex-officio, 
an  additional  member  of  said  committee  and  shall  preside 
at  its  meetings. 

270 


HIGH  SCHOOLS  §§208-209-210 

3.  The  members  of  the  union  high  school  board  should 
give  bonds  and  take  oath  of  office  the  same  as  the  members 
of  any  other  board. 

4.  After  the  election  of  the  union  high  school  com- 
mittee the  members  should  meet,  organize  and  elect  officers 
the  same  as  in  the  first  class  districts. 

208.  High   school   committee — term — vacancies. 

The  members  of  said  high  school  committee  shall 
hold  the  office  for  and  during  the  term  they  are 
members  of  their  respective  boards.  Any  vacancies 
in  said  committee,  other  than  such  as  are  caused  by 
the  expiration  of  the  term  of  office,  shall  be  filled  by 
the  school  board  of  which  the  person  so  vacating 
was  a  member.  The  secretary  shall  be  elected  an- 
nually, and  may  receive  such  compensation  as  the 
committee  shall  deem  proper  to  allow. — R.  8.  5961 

Note.    Committee  on  high  schools  in  counties  of  fourth  and 
fifth  classes,  section  218. 

209.  High   school   committees — meeting^.     The 

regular  meetings  of  the  high  school  committee  shall 
be  held  on  the  first  Saturday  of  March,  June,  Sep- 
tember and  December  of  each  year,  and  special 
meetings  may  be  held  at  any  time  upon  the  call  of 
the  county  superintendent,  or  of  two  members  of  the 
committee.  — R.  s.  5963 

210.  Powers    of    committeen      Said    committee 
shall  exercise  all  the  powers  and  perform  all  the ' 
duties,  with  reference  to  said  high  school,  that  are 
accorded  to  and  required  of  school  boards  through- 
out the  state,  as  provided  in  section  fifty  of  this 
act,  and  shall  have  power  to  establish  and  prescribe 
the   qualifications  and   manner   of  examination  for 
admittance  to  the  high  school. — R.  8.  5964 

Note.    Section  50  above  referred  to  is  section  124  herein. 
271 


§211  HIGH  SCHOOLS 

Has  right  of  body  corporate. 

1.  A  union  high  school  district  may  be  bonded  for  the 
purpose  of  erecting  a  high  school  building.     The  uniting 
of  contiguous  districts  into  one  district  for  a  special  pur- 
pose gives  such  district,  when  properly  organized,  the  same 
right  to  act  as  a  body  corporate  as  other  districts  possess. 

Powers  of  board  not  increased. 

2.  The  circumstance  that  union  high  schools  have  been 
established  does  not  increase  the  powers  of  boards  of  the 
third  class  districts  in  the  matter  of  erecting  high  school 
buildings,  but  their  powers  of  erecting  such  buildings  must 
be  derived  from  the  electors,  as  in  other  cases. 

211.  How  maintained — proportion  of  school 
fund — deficit.  After  the  first  establishment  of  such 
a  high  school,  it  shall  be  maintained  until  the  then 
next  regular  apportionment  of  the  county  school 
fund,  as  follows:  Each  district  which  shall  have 
any  children  attending  such  high  school  shall  draw 
from  its  school  fund,  and  cause  to  be  placed  to  the 
credit  of  [the]  high  school  fund,  such  part  of  the 
whole  expenses  as  shall  be  proportioned  to  the  num- 
ber of  pupils  attendant  at  such  high  school  from 
such  district,  provided,  it  is  with  the  approval  of 
the  directors  of  said  district.  After  the  first  year, 
or  part  of  a  year,  so  as  above  provided  for,  the  said 
high  school  shall,  so  far  as  practicable,  be  rated  as 
a  separate  district.  It  shall  be  entitled  to  draw  from 
the  general,  state  and  county  funds  its  quota  for 
attendance,  as  provided  by  section  seventy-two  of 
this  act,  and  the  deficit  shall  be  made  up  from  the 
several  district  funds  in  proportion  to  [the]  number 
of  pupils  from  each  district  who  attended  said  high 
school  during  the  then  past  year. — R.  8.  5966 

Note.    Section  72  referred  to  in  this  section  is  section  100. 

Note.  For  different  kinds  of  union  high  schools  and  how 
maintained,  see  note  1,  section  207. 

Note.  For  different  kinds  of  public  schools  and  how  main- 
tained, see  note  1,  section  238. 

272 


HIGH  SCHOOLS  §§212-213-214-215 

Apportionment  of  school  fund. 

1.  The  amount  of  the  general  fund  apportioned  to  a 
pupil  attending  a  union  high  school  should  be  credited  to 
such  high  school  and  not  to  the  district  in  which  he  resides. 

Pupils  not  draw  money  for  common  and  high  school. 

2.  A  pupil  cannot  be  listed   as  a  union  high  school 
pupil  and  also  as  a  pupil  of  the  district  in  which  he  resides 
and  draw  general  school  money  for  both  common  and  union 
high  schools. 

212.  Forty  weeks   annually — who  may  be  ad- 
mitted.   The  high  school  may  be  maintained  during 
forty  weeks  in  each  year,  and  shall  be  free  to  all 
children  in  the   county  who   are  qualified  for  ad- 
mission,  according  to  the  requirements  prescribed 
by  the  committee,  and  all  children  in  the  county 
who  are  so  qualified,  and  who  can  pass  the  examin- 
ation prescribed  by  the  committee  shall  be  entitled 
as  of  right  to  attend  said  high  school.—  R.  8.  5969 

213.  Every  district  contributing  have  voice  in 
election.     Every  district  in  the  county  which  con- 
tributes to  the  support  and  patronage  of  said  high 
school  shall,  by  its  board  of  directors,  be  entitled  to 
a  voice  in  the  election  of  members  of  the  committee. 
— R.  8.  5971 

UNION     HIGH    SCHOOLS    IN    COUNTIES    OF    FOURTH 
AND   FIFTH   CLASSES. 

214.  Organization.    In  all  counties  of  the  fourth 
and  fifth  classes,  all  school  districts  lying  adjacent 
to  an  incorporated  town  or  city  may  be  organized 
into  a  union  high  school  district. — R.  8.  5972 

215.  How    supported — annual     levy — building. 
The  county  commissioners  of  each  of  said  counties 
are  required  to  levy  a  tax  of  not  less  than  one  or 
more  than  three  mills  upon  all  taxable  property  in 
such  high  school  districts  when  the  same  shall  have 

273 


§§216-217-218  HIGH  SCHOOLS 

been  organized,  for  the  support  of  such  school. 
Such  levy  shall  be  made  annually  after  the  organ- 
ization of  the  said  district  shall  have  been  made,  at 
the  same  time  that  other  taxes  are  levied. 

It  shall  be  the  duty  of  the  school  district  in 
which  such  school  or  incorporated  town  is  incorpo- 
rated to  provide,  at  its  own  expense,  a  suitable 
building  for  the  use  of  such  union  high  school. 
— R.  8.  5973 

Note.  For  different  kinds  of  union  high  schools  and  how 
maintained,  see  note  1,  section  207.  For  different  kinds  of  public 
schools  and  how  maintained,  see  note  1,  section  238. 

216.  Addition — outlying  district.    Any  outlying 
school  district  not  contiguous  to  such  city  or  incor- 
porated town  may,  by  a  majority  vote  of  the  duly 
qualified  electors  of  such  district,  be  added  to  any 
such  union  high  school  district  within  the  county; 
and  where  it  is  more  convenient  for  the  pupil  of 
any  school  district  to  attend  school  in  a  union  high 
school  of  another  county,  such  district  may  be  at- 
tached, by  such  vote,  to  the  union  high  school  dis- 
trict of  an  adjacent  county. — R.  s.  5974 

217.  No    conflict.      The    organization    of    these 
union  high  school  districts  shall  not  affect  the  or- 
ganization nor  the  levy  of  the  regularly  organized 
districts. — R.  S.  5975 

218.  School   board — how   constituted — election. 
The  county  superintendent  shall,  on  or  before  the 
first  day  of  May,  1903,  appoint    one    member   from 
each  of  the  adjoining  or  outlying  districts  compos- 
ing such  union  high  school  districts  who  shall,  to- 
gether with  the  members  of  the  regularly  organized 
district  in  which  the  building  is  located,  constitute 
the  school  board  of  such  union  high  school  district. 

274 


HIGH  SCHOOLS  §§219-220 

Each  following  year  the  members  of  the  school 
board  shall  be  elected  at  the  regular  annual  meeting 
of  the  several  districts.— R.  8.  5976 

Committee. 

1.  The  county  superintendent  is  not  a  member  of  a 
union  high  school  committee  in  a  county  of  the  fourth  or 
fifth  class,  but  the  board  is  composed  of  one  member  from 
each  of  the  outlying  districts  and  the  members  of  the  reg- 
ularly organized  district  in  which  the  building  is  located. 

2.  The    members    of    the    union    high    school    board 
should  give  bonds  and  take  the  oath  of  office  the  same  as 
the  members  of  any  other  board. 

3.  After  the  election  of  the  union  high   school  com- 
mittee the  members  should  meet,  organize  and  elect  officers 
the  same  as  in  the  first  class  districts. 

219,  Qualifications  to  enter — course  of  study. 

The  qualifications  necessary  to  enter  such  union 
high  school  shall  be  a  diploma  from  the  county  su- 
perintendent upon  completion  of  the  eighth  grade 
work,  or  a  certificate  issued  upon  grades  in  lieu  of 
the  eighth  grade  work.  The  county  superintendents 
of  the  several  counties  shall,  at  their  first  annual 
state  meeting,  appoint  a  committee  of  five,  who  shall 
formulate  a  course  of  study  for  such  union  high 
schools,  such  course  .to  be  uniform  in  all  the  grades. 

— R.  8.  5977 

DISTRICT   HIGH    SCHOOLS. 

220.  Board  in  first  or  second  class  districts  may 
establish  high  school.    The  school  board  of  districts 
of  the  first  and  second  classes  shall  have  the  power 
to  establish  a  separate  high  school  whenever  they 
shall  deem  it  expedient  or  necessary  and  shall  have 
power  to  determine  the  qualifications  for  admission 
to  such  school,  and  shall  exercise  all  the  powers  with 
reference  to  such  high  school  which  are  accorded  to 
them  in  relation  to  the  schools  of  lower  grade ;  Pro- 

275 


§220  HIGH  SCHOOLS 

vided,  That  no  school  board  shall  build  or  lease  any 
building  especially  for  such  high  school,  unless  au- 
thorized to  do  so  by  a  vote  of  the  district,  as  pro- 
vided in  section  sixty-two  of  this  act. — R.  s.  5926 

Note.    Section  62  above  referred  to  is  section  148. 

Note.  For  different  kinds  of  high  schools,  see  note  1,  section 
191.  For  different  kinds  of  public  schools  and  how  maintained, 
see  note  1,  section  238. 

District   nigh    schools — How   maintained. 
1.      District  high  schools   are  a  part  of   the   common 
school  system  of  their  respective  districts,  and  are  main- 
tained in  the  same  manner. 


276 


HOLIDAYS  AND  SCHOOL  YEAR 


221.  School  year  —  month  —  week  —  day  —  na- 
tional holidays.  The  school  year  shall  begin  on  the 
first  day  of  July  and  end  on  the  thirtieth  day  of 
June.  A  school  month  shall  be  four  weeks,  a  school 
week  five  days,  and  a  school  day  shall  not  exceed 
six  hours,  excluding  the  time  of  intermission  at 
noon.  The  term  "national  holiday,"  in  this  chap- 
ter, shall  be  construed  to  mean  Thanksgiving  day, 
Christmas  day,  New  Year's  day,  Washington's  birth- 
day, Decoration  day,  Labor  day  and  the  fourth  day 
of  July.  - R.  8.  6013 

Holidays  and  semi-holidays. 

Note.  In  addition  to  above  holidays,  the  general  election 
day,  in  November;  Colorado  day,  first  day  of  August;  Columbus 
day,  twelfth  day  of  October,  and  Lincoln's  birthday,  although  not 
specifically  made  a  holiday  as  to  schools,  are  considered  holidays 
so  far  as  our  public  schools  are  concerned.  Arbor  day,  the  third 
Friday  in  April;  Flag  day,  in  June  (proclaimed  by  the  governor), 
and  Good  Roads  day,  the  second  Friday  in  May,  are  designated 
as  semi-holidays,  to  be  observed  by  special  exercises. 

Legal  holidays — how  observed. 

1.  A  legal  holiday  falling  upon  Sunday,  it   is  custo- 
mary to  observe  Monday. 

2.  The  twenty  days  of  a  school  month  include  such 
holidays  as  may  occur  on  school  days  within  that  month. 

3.  The  time  between  Christmas  and  New  Year's  may 
be  given  to  the  teacher  if  the  school  board  chooses  to  do 
so,  but  it  does  not  legally  belong  to  him. 

4.  A  school  board  has  the  right  to  determine  the  time 
and  duration  of  vacations. 

5.  Labor  Day,  being  a  legal  holiday  in  Colorado,  one 
is  not  required  to  teach  a  day  during  the  month  of  Sep- 
tember to  make  up  for  the  school  day  lost. 

6.  When  school  opens  on  the  Tuesday  following  Labor 
Day,  Labor  Day  is  counted  as  a  holiday,  and  is  not  required 
to  be  made  up  by  teacher. 

277 


§221  HOLIDAYS  AND  SCHOOL  YEAR 

7.  Lincoln's  Birthday   is  considered   a   legal  holiday. 
When  a  holiday  occurs  on  Sunday  it  is  customary   to  ob- 
serve the  following  Monday. 

8.  Established  custom  provides  for  the  observance  of 
Washington's  and  Lincoln's  birthdays  in  the  public  schools 
by   having  a   patriotic  program   the   day   previous   to   the 
holiday,  and  it  is  so  understood  and  so  observed. 

Teacher  entitled  to  salary  for  legal  holidays. 

9.  A  teacher  is  entitled  to  have  as  holidays  the  days 
designated  as  such  by  the  laws  of  Colorado,  and  is  entitled 
to  receive  her  pay  for  the  same  when  occurring  on  school 
days  during  her  term  of  school. 

10.  In    the    absence    of    an-  express    provision    in    a 
teacher's   contract   excluding  holidays,   the   teacher   is   en- 
titled  to   pay  for  all   holidays   coming   within   the   school 
week  included  in  the  period  of  employment. 

11.  If,  with   the  consent  of  the   directors,  a  teacher 
holds  school  on  a  legal  holiday  to  make  up  for  a  day  lost, 
the  teacher  is  entitled  to  pay  for  the  full  month. 

12.  To  be  entitled  to  his  salary  for  the  day,  the  teacher 
should  remain  in  the  school  room  after  the  hour  of  opening, 
both  forenoon  and  afternoon,  a  sufficient  time  to  determine 
that  no  pupils  will  be  in  attendance. 

Vacation — teachers  not  entitled  to  pay. 

13.  If  a  teacher  is  engaged  by  the  year  at  an  annual 
salary,  vacations  are  not  deducted.     If  he  is  employed  by 
the  month,  and  paid  a  fixed  sum  per  month,  vacations  are 
deducted,  if  there  is  no  contract  to  the  contrary.    A  teacher 
could    just   as    lawfully    claim    pay    for   the    long   summer 
vacation  as  for  the  customary  holiday  vacations;  this  does 
not,  however,  refer  to  legal  holidays. 

14.  A  teacher  is  entitled  to  pay  for  New  Year's  Day, 
which   comes   on   Monday    of   the    first   school '  week   after 
vacation   unless   otherwise   specially   provided   in   the   con- 
tract of  employment.     If  the  entire  week  had  been  made 
a  vacation,  then  the  teacher  would  be  entitled  to  no  com- 
pensation for  such  holiday. 

Year. 

15.  The  fiscal  year,  with  reference  to  which  all  taxes 
are  levied,  and  all  revenue  matters  are  provided  for,  begins 
with   December   1st  and   ends   November   30th,   while   the 
school  year  as  relating  to  the  making  of  reports,  election 
of   officers   and   term   in   which    the    necessary    months    of 
school  must  be  held,  is  between  July  1st  and  June  30th. 

278 


HOLIDAYS  AND  SCHOOL  YEAR  §§222-223 

Time  to  hold  organization. 

16.  The  three  months'  school  required  by  law  to  hold 
the  organization  of  a  district  and  secure  an  apportionment 
should  be  held  between  July  1st  and  June  30th. 

17.  The  law  requires  that  school  shall  be  taught  five 
days  in  the  week.    There  is  no  provision  which  would  make 
it  illegal  to  hold  school  on  Saturday. 

Hour's  intermission. 

18.  The  teacher  has  a  right  to  her  hour's  intermission 
at    noon,    providing    she    teaches    the    requisite    six    hours 
through  the  day.     She  is  required  to  teach  school  from  9 
a.  m.   to  4  p.  m.,  unless   the  board   gives  her  permission 
to  finish  at  an  earlier  hour. 

ARBOR   DAY. 

222.  Arbor  day — third  Friday  in  April — how  to 
be  observed.    The  third  Friday  in  April  of  each  year 
shall  be  set  apart  and  known  as  "Arbor  Day,"  to 
be  observed  by  the  people  of  this  state  in  the  plant- 
ing of  forest  trees  for  the  benefit  and  adornment  of 
public  and  private  grounds,  places  and  ways,  and  in 
such  other  efforts  and  undertakings  as  shall  be  in 
harmony  with  the  general  character  of  the  day  so 
established;  Provided,  That  the  actual  planting  of 
.trees  may  be  done  on  the  day  designated,  or  at  such 

other  most  convenient  time  as  may  best  conform  to 
local  climatic  conditions,  such  other  time  to  be  desig- 
nated and  due  notice  thereof  given  by  the  several 
county  superintendents  of  schools  for  their  respec- 
tive counties.—  R.  8.  2942 

223.  Holiday  in  schools — how   observed.     The 
day,  as  above  designated,  shall  be  a  holiday  in  all 
public  schools  of  the  state,  and  school  officers  and 
teachers  are  required  to  have  the  schools  under  their 
respective  charge  observe  the  day  by  planting  of 
trees  or  other  appropriate  exercises.— .R.  8.  2943 

279 


§§224-225-226      HOLIDAYS  AND  SCHOOL  YEAR 

Legal  holiday. 

1.  While  Arbor  Day  is  a  legal  holiday,  it  is  not  a 
holiday  in  the  sense  that  the  schools  may  be  closed  upon 
that  day,  since  certain  observances  are  required  on  the 
part  of  the  schools. 

224.  Governor  issue  proclamation — superintend- 
ent of  public  instruction — county  superintendents- 
report.    Annually,  at  the  proper  season,  the  governor 
shall  issue  a  proclamation,  calling  the  attention  of 
the  people  to  the  provisions  of  this  act  and  recom- 
mending and  enjoining  its  due  observance.    The  su- 
perintendent of  public  instruction  and  the  respective 
county  superintendents  of  schools,    shall    also    pro- 
mote, by  all  proper  means,  the  observance  of  the 
day,  and  the  said  county  superintendents  of  schools 
shall  make  annual  reports  to  the  state  forest  com- 
missioner of  the  action  taken  in  this  behalf  in  their 
respective  counties. — R.  8.  2944 

COLORADO   DAY. 

225.  Colorado  day — first  day  in  August — com- 
memoration of  admission  of  state — public  holiday. 

That  the  first  day  of  August  of  the  year  1907,  and 
the  first  day  of  August  of  each  and  every  year  here- 
after is  hereby  made  a  public  holiday  to  be  known 
as  "Colorado  Day,"  and  such  day  is  hereby  set 
apart  for  a  proper  celebration  by  our  people  in 
commemoration  of  the  admission  of  the  state  of 
Colorado  into  the  union. — R.  8.  2945 

226.  When  first  day  falls  on  Sunday— Monday 
following  to  be  celebrated.    That  whenever  the  first 
day  of  August  falls  upon    Sunday    the    following 
Monday  is  hereby  designated  as  the  day  for  cele- 
brating such  event. 

280 


HOLIDAYS  AND  SCHOOL  TEAR      §§227-228-229 


Provided,  That  this  act  shall  not  be  construed  to 
affect  the  making  or  execution  of  agreements  or  in- 
struments in  writing,  or  to  interfere  with  judicial 
proceedings. — R.  8.  2946 

COLUMBUS   DAY. 

227.  Columbus  day — twelfth  day  of  October- 
legal  holiday.    The  12th  day  of  October  of  the  pres- 
ent year  of  our  Lord,  1907,  and  the  12th  day  of  Oc- 
tober of  each  year  thereafter  is  hereby  declared  a 
public  holiday,  to  be  known  as  "Columbus  Day/' 
and  the  same  shall  be  recognized,  classed  and  treated 
as  other  legal  holidays  under  the  laws  of  this  state ; 
Provided,  That  this  act  shall  not  be  construed  to  af- 
fect commercial  paper,  the  making  or  execution  of 
agreements  or  instruments  in  writing,  or  interfere 
with  judicial  proceedings. — R.  8.  2948 

ELECTION    DAY. 

228.  Election  day  in  November.     Election  day 
in  November  of  each  year  is  hereby  made  a  legal 
holiday.— R.  8.  2949 

GOOD    ROADS   DAY. 

229.  Second  Friday  in  May— holiday.    That  the 
second  Friday  in  May  of  each  year  shall  be  set  apart 
and  known  as  Good  Roads  Day,  to  be  observed  by 
the  people  of  this  state  in  the  discussion  of  public 
highways  and  in  the  construction  and  repair  of  the 
same,  for  the  benefit  and  advancement  of  good  roads 
in  the  state  of  Colorado,  and  in  such  further  efforts 
and  undertakings  as  shall  be  in  harmony  with  the 
general  character  of  the  day  so  established.— s.  L.  'it, 
p.  446 

281 


§§230-231  HOLIDAYS  AND  SCHOOL  YEAR 

230.  Public    schools    observe.      In    all    public 
schools  of  the  state,  school  officers  and  teachers  are 
required    to    have    the  schools  in  their  respective 
charge  observe  the  day  by  teaching  and  educating 
the  children  of  the  schools  with  respect  to  the  bene- 
fits of  good  roads. — 8.  L.  'ii,  p.  447. 

231.  Proclamation  of  governor.  Annually  at  the 
proper  season,  the  governor  shall  issue  a  proclama- 
tion calling  the  attention  of  the  people  to  the  pro- 
visions of  this  act  and  recommending  and  enjoining 
its   due   observance.     The   state   superintendent    of 
public  instruction  and  the  respective  county  super- 
intendents   of   schools    shall    also    promote    by    all 
proper  means  the  observance  of  the  day,  and  the 
county  superintendents  of  schools  shall  make  annual 
reports  to  the  state  highway  commissioner    of    the 
action  in  this   behalf  in  their  respective  counties. 
—8.  L.  '11,  p.  447. 


282 


INTEREST 


232.  Rate  of  interest  on  school  orders  and  school 
warrants.  County  orders  and  warrants,  town  and 
city  and  school  orders  and  warrants  and  other  like 
evidences  or  certificates  of  municipal  indebtedness 
shall  bear  interest  at  the  rate  of  six  per  centum  per 
annum  from  the  date  of  presentation  thereof  for 
payment  at  the  treasury  where  the  same  may  be 
payable,  until  there  is  money  in  the  treasury  for  the 
payment  thereof,  except  when  otherwise  specially 
provided  by  law,  and  every  county  treasurer,  town 
treasurer  and  city  treasurer  to  whom  any  such  coun- 
ty, town,  city  or  school  order  or  warrant  is  presented 
for  payment,  and  who  shall  not  have  on  hand  the 
funds  to  pay  the  same,  shall  endorse  thereon  the 
rate  of  interest  said  order  or  warrant  will  draw,  and 
the  date  of  such  presentation,  and  subscribe  such 
endorsement  with  his  official  signature;  Provided, 
That  all  such  orders  and  warrants  may  be  made  to 
bear  a  lower  rate  of  interest  than  above  specified, 
by  special  agreement  between  such  counties,  towns 
and  cities  issuing  the  same,  and  the  person  to  whom 
such  orders  or  warrants  are  issued. — R.  s.  3164 


283 


KINDERGARTENS 


233.  Free  kindergartens  may  be  established- 
cost.  The  school  board  of  any  school  district  "in  the 
state  shall  have  power  to  establish  and  maintain 
free  kindergartens  in  connection  with  the  public 
schools  of  said  district,  for  the  instruction  of 
children  between  three  and  six  years  of  age,  resid- 
ing in  said  district,  and  shall  establish  such  courses 
of  training,  study  and  discipline,  and  such  rules  and 
regulations  governing  such  preparatory  or  kinder- 
garten schools  as  said  board  may  deem  best-,  Pro- 
vided, That  nothing,  in  this  act  shall  be  construed  to 
change  the  law  relating  to  the  taking  of  the  census 
of  the  school  population,  or  the  apportionment  of 
state  and  county  school  funds  among  the  several 
counties  and  districts  in  this  state;  Provided, 
further,  That  the  cost  of  establishing  and  maintain- 
ing such  kindergartens  shall  be  paid  from  the  special 
school  fund  of  said  districts,  and  the  said  kinder- 
gartens shall  be  a  part  of  the  public  school  system 
and  governed  as  far  as  practicable  in  the  same  man- 
ner and  by  the  same  officers  as  is  now,  or  hereafter 
may  be,  provided  by  law  for  the  government  of  the 
other  public  schools  of  the  state ;  Provided,  further, 
That  teachers  of  kindergarten  schools  shall  have  a 
diploma  from  some  reputable  kindergarten  teachers' 
institute,  or  pass  such  examination  on  kindergarten 
work  as  the  kindergarten  department  of  the  state 
normal  school  may  direct— .R.  8.  5927 

Establishment  of  school  mandatory. 

a.  Section  2  Article  9  of  the  constitution  providing  for 
the  establishment  and  maintenance  of  a  system  of  free 

284 


KINDERGARTENS  §  233 

public  schools,  is  mandatory  and  requires  affirmative  action 
by  the  legislature,  and  is  not  a  limitation  of  its  power  to 
provide  free  schools  for  children  under  the  age  of  six 
years. — In  re  Kindergarten  Schools,  18  C.  234 

Certificates. 

1.  Under  the  above  provision  a  Colorado  school  board 
may  lawfully  employ  a  kindergarten  teacher  having  a  di- 
ploma from  some  reputable  kindergarten  teachers'  institute 
outside  of  the  state  of  Colorado,  and  it  is  not  necessary 
that  such  teacher  shall  first  pass  an  examination  directed 
by  the  kindergarten  department  of  the  state  normal  school. 

2.  It  is  illegal  to  pay  from  the  public  fund  a  kinder- 
garten teacher  or  assistant  who  holds  no  kindergarten  cer- 
tificate. 

3.  A  district  of  the  first  class  has  no  authority  to  issue 
kindergarten  certificates. 

4.  It  would  not  be  legal  for  a  district  of  the  first  class 
to  employ  a  teacher  for  kindergarten  work  if  the  board's 
certificate  is  the  only  credential  that  she  holds  in  connec- 
tion with  such  work. 

5.  The  examination  for  state  kindergarten  certificate 
occurs   on    the    third    Thursday,    Friday    and    Saturday    in 
August  at  the  office  of  the  superintendent  of  public  instruc- 
tion;   and  a  certificate  obtained  at  the  state  kindergarten 
examination  is  good  for  life,  unless  revoked  by  the  state 
board  of  education. 


285 


NORMAL  INSTITUTES 


234.  Normal  institutes — time  and  place — how 
determined.  For  the  purpose  of  organizing  and 
maintaining  teachers'  normal  institutes,  the  state 
shall  be  divided  into  the  following  institute  districts, 
viz.:  The  counties  of  Sedgwick,  Phillips,  Logan, 
Yuma,  Washington  and  Morgan  to  constitute  normal 
district  No.  one.  The  counties  of  Weld,  Larimer 
and  Boulder  to  constitute  normal  district  No.  two. 
The  county  of  Arapahoe  to  constitute  normal  dis- 
trict No.  three.  The  counties  of  Gilpin,  Clear  Creek 
and  Jefferson  to  constitute  normal  district  No.  four. 
The  counties  of  Douglas,  Elbert  and  El  Paso  to  con- 
stitute normal  district  No.  five.  The  counties  of  Kit 
Carson,  Lincoln  and  Cheyenne  to  constitute  normal 
district  No.  six.  The  counties  of  Fremont,  Custer 
and  Pueblo  to  constitute  normal  district  No.  seven. 
The  counties  of  Kiowa,  Otero,  Bent,  Prowers  and 
Baca  to  constitute  normal  district  No.  eight.  The 
counties  of  Huerfano  and  Las  Animas  to  constitute 
normal  district  No.  nine.  The  counties  of  Saguache, 
Costilla,  Conejos  and  Eio  Grande  to  constitute  nor- 
mal district  No.  ten.  The  counties  of  La  Plata, 
Montezuma,  Archuleta,  Dolores  and  San  Juan  to 
constitute  normal  district  No.  eleven.  The  counties 
of  San  Miguel,  Ouray,  Hinsdale,  Mesa,  Delta,  Mont- 
rose  and  Gunnison  to  constitute  normal  district  No. 
twelve.  The  counties  of  Chaffee,  Lake,  Park,  Pit- 
kin,  Eagle,  Summit,  Garfield,  Routt,  Rio  Blanco  and 
Grand  to  constitute  normal  district  No.  thirteen. 
Provided,  That  new  counties  formed  within  the 


NORMAL  INSTITUTES  §234 

limits  of  any  institute  district  shall  be  a  part  of 
said  district.  A  normal  institute  for  the  instruction 
of  teachers  and  those  desiring  to  teach  may  be  held 
annually  for  a  term  of  not  less  than  two  weeks  in 
each  normal  district  of  the  state.  The  county  su- 
perintendents of  each  institute  district  shall  an- 
nually select  not  more  than  three  of  their  number  as 
an  executive  committee,  who,  with  the  advice  and 
consent  of  the  superintendent  of  public  instruction 
and  the  president  of  the  state  normal  school,  shall 
determine  the  time  and  place  of  holding  such  normal 
institute,  and  shall  select  a  conductor  and  instruc- 
tor for  the  same.  To  defray  the  expenses  of  said 
institute  the  executive  committee  shall  require  the 
payment  of  one  dollar  registration  fee  for  each  per- 
son attending  the  normal  institute,  and  each  county 
superintendent  is  hereby  authorized  to  add  five  per 
cent,  to  the  averaging  standing  in  examination  of 
teachers  who  shall  attend  the  normal  institute  from 
his  county.  When  a  normal  institute  of  not  less 
than  two  weeks  is  held  in  any  institute  district  of 
the  state  the  executive  committee  in  charge  shall 
certify  to  the  boards  of  county  commissioners  of  the 
several  counties  within  the  district  the  number  and 
names  of  the  persons  attending  said  institute  from 
their  respective  counties,  and  it  shall  be  the  duty  of 
the  board  of  county  commissioners  of  the  county 
where  such  persons  belong  to  appropriate  the  sum 
of  two  dollars  for  each  person  so  certified.  The 
funds  arising  from  registration  fees  and  appropria- 
tions of  county  commissioners  shall  be  designated 
the  "normal  institute  fund, "  and  some  county  treas- 
urer, whom  a  majority  of  the  county  superintend- 

287 


§234  NORMAL  INSTITUTES 

ents  of  the  district  shall  designate,  shall  be  the  cus- 
todian of  said  fund.  The  executive  committee  shall, 
at  the  close  of  each  institute,  transmit  to  said  cus- 
todian all  funds  received  by  it,  as  provided  in  this 
section,  together  with  the  name  of  each  person  pay- 
ing a  registration  fee.  The  executive  committee 
shall  also  report  to  the  several  boards  of  county 
commissisoners  in  the  district,  the  name  and  ad- 
dress of  the  custodian  of  the  ''normal  institute 
fund."  On  the  receipt  of  such  notice  the  several 
boards  of  county  commissioners  shall  issue  war- 
rants for  the  appropriations  provided  in  this  sec- 
tion, payable  to  said  custodian.  It  shall  be  the  duty 
of  the  superintendent  of  public  instruction,  an- 
nually, when  the  executive  committee  of  any  normal 
institute  district  shall  certify  that  not  less  than, 
twenty  persons  have  paid  the  registration  fee,  and 
have  received  instructions  during  the  session  of  the 
institute,  to  certify  the  same  to  the  auditor  of  state, 
who  shall  forward  to  the  custodian  of  the  "normal 
institute  fund"  of  such  district  a  warrant  on  the 
state  treasurer  for  the  sum  of  fifty  dollars,  to  be 
paid  out  of  any  money  appropriated  for  that  pur- 
pose. All  disbursements  of  the  "normal  institute 
fund"  shall  be  upon  the  order  of  the  executive  com- 
mittee, and  no  order  shall  be  drawn  on  said  fund 
except  for  claims  approved  by  said  committee  for 
services  rendered  and  expenses  incurred  in  connec- 
tion with  the  normal  institute.  It  shall  be  unlawful 
to  pay  any  one  from  the  institute  fund  for  services 
as  conductor  or  instructor  for  such  institute,  who 
does  not  hold  a  certificate  or  qualification  for  such 
work,  issued  by  the  state  board  of  education,  upon 

288 


NORMAL  INSTITUTES  §234 

the  recommendation  of  the  state  board  of  examiners  ; 
Provided,  That  a  member  of  the  state  normal  school 
faculty  shall  be  ex  officio  a  conductor  of  normal  in- 
stitutes.—.B.  S.  5996 

Note.  Mineral  county  made  a  part  of  normal  institute 
district  No.  10  (R.  S.  5997);  Teller  county  made  a  part  of  the 
fifth  normal  institute  district  (R.  S.  5998);  Arapahoe  and  Adams 
counties,  with  the  city  and  county  of  Denver,  constitute  normal 
institute  district  No.  3  (R.  S.  132  and  5999);  Jackson  county  at- 
tached to  the  second  normal  institute  district  (S.  L.  '09,  p.  436); 
Crowley  county  made  a  part  of  the  eighth  normal  district  (S.  L. 
'11,  p.  222). 

County  superintendent  not  entitled  to  compensation,  when. 

a.  There  is  nothing  in  the  law  imposing  a  duty  upon 
county  superintendents  to  attend  a  district  normal,  and  the 
county  superintendent  who  does  so  is  not  entitled  either 
to  mileage  or  a  per  diem  compensation,  although  he  may 
be  a  member  of  the  executive  committee  of  the  normal 
district.— Stevens  v.>  Sedgivick  Co.,  5  C.  A.  115 

Five  per  cent,  credit  for  attendance. 

1.  A  county  superintendent  is  under  no  obligation  to 
add  five  per  cent,  to  the  standing  of  applicants  for  teachers' 
certificates  who  attend  the  normal  institute  from  a  county 
other  than  his  own,  but  he  may  if  he  so  desires. 

2.  It  is  not  intended  by  law  that  the  five  per  cent,  for 
attendance  at  normal  institute  shall  be  added  in  any  county 
unless  the  applicant  has  attended  a  normal  institute  in  this 
state  during  the  whole  time  it  is  in  session. 

3.  The  five  per  cent  allowed  an  applicant  for  a  teach- 
er's certificate  on  account  of  attendance  at  a  normal  insti- 
tute means  a  straight  five  per  cent  of  one  hundred,  and  not 
five   per  cent   of   the   general   average,   for   otherwise   one 
teacher  would  receive  more  credit  than  another  for  attend- 
ing such  institute,  which  is  not  the  intent  of  the  law. 

4.  The  credits  which  county  superintendents  are  in- 
structed to  give  to  applicants  for  certificates  by  reason  of 
attendance   at   the   normal    institutes   should   be   given   to 
those    persons    only    who    have    attended    an    institute    in 
Colorado. 

5.  The  five  per  cent  credit  may  be  given  at  any  exam- 
ination during  the  year  immediately  following  the  normal 
institute,  and  the  county  superintendent  may  use  his  dis- 
cretion at  which  examination  this  is  to  be  given; 

That  it  is  only  to  be  given  at  one  examination. 

289 
10 


§234  NORMAL  INSTITUTES 

Session. 

6.  Two  weeks'  session  of  the  normal  institute  must  be 
held.     If  the  session  is  shorter,  the  county  commissioners 
are  under  no  obligation  to  pay  for  teachers  attending  from 
their  county. 

Teacher  not  paid  for  attendance. 

7.  Where  a  county  superintendent  calls  a  county  insti- 
tute or  teachers'  association,  he  has  not  the  right  to  rule 
that  the  district  must  pay  the  teacher  the  same  as  if  she 
had  taught  school,  although  the  school  board  has  the  right 
to  allow  the  teacher  such  time  and  pay  her  for  it  upon  the 
request  of  the  county  superintendent;   but  the  authority  in 
the  matter  rests  with  the  district  board. 

Pay  for  services  as  conductor. 

8.  It  shall  be  unlawful  to  pay  any  one  from  the  in- 
stitute fund  for  services  as  conductor  or  instructor  of  such 
institute,  who  does  not  hold  a  certificate  or  qualificatipn 
for  such  work,  issued  by  the  state  board  of  education  upon 
the    recommendation    of    the    state    board    of    examiners; 
Provided,  That  a  member  of  the  state  normal  school  faculty 
shall  be  ex-offlcio  a  conductor  of  normal  institutes. 


Time  and  place  of  normal — hoiv  determined. 

9.  The  executive  committee  from  each  normal  institute 
district  with  the  advice  and  consent  of  the  state  superin- 
tendent of  public  instruction,  and  the  president  of  the  state 
normal  school,  shall  determine  the  time  and  place  of  holding 
such  normal  institute,  and  select  a  conductor  and  instructor 
for  the  same. 

Certificate  not  endorsed. 

10.  A  normal  institute  certificate  need  not  be  endorsed. 
The  certificate  is  good  until  revoked  by  the  state  board  of 
education,  or  until  the  expiration  of  the  time  specified  on 
the  face  of  the  certificate. 

Fee. 

11.  The  law  requiring  a  dollar  fee  for  a  teacher  upon 
taking   the   examination,   in   no   way   does   away   with   the 
requirement  of  the  attendance  fee  for  attending  a  normal 
institute. 

Meeting  of  committee — by  whom  called. 

12.  If  the  president  of  an  institute  executive  committee 
fails  to  call  a  meeting  of  the  committee  it  would  be  proper 
for  the  other  two  members  to  call   a  meeting,  giving  the 
president  notification  of  such  meeting;  and  at  such  meeting 

290 


NORMAL   INSTITUTES  §  234a 

it  would   be  proper  to  transact  the   necessary  business  to 
establish  and  maintain  a  successful  institute. 

Attendance  of  county  superintendent  at  district  normal  not 
compulsory. 

13.  There  is  nothing  in  this  act  imposing  a  duty  upon 
county  superintendent  to  attend  a. district  normal,  and  a 
county  superintendent  who  does  so  is  not  entitled  either  to 
mileage  or  a  per  diem  compensation,  though  he  is  a  member 
of  the  executive  committee  of  the  normal  district. 

[Note.  The  following  (omitting  the  title  and  enacting,  re- 
pealing and  emergency  clauses)  is  the  law  passed  by  the  eight- 
eenth general  assembly  and  referred  by  petition,  and  will  be 
voted  upon  by  the  people  at  the  general  election  in  1912.  If  car- 
ried, it  will  repeal  section  234  herein.] 

234a.  For  the  purpose  of  establishing  and  main- 
taining teachers'  summer  normal  school  districts  and 
summer  normal  schools  the  state  shall  be  divided 
into  the  following  districts:  The  northern  Colorado 
district  shall  consist  of  the  counties  of  Weld,  Logan, 
Sedgwick,  Phillips.  Yuma.  Washington,  Morgan, 
Adams,  Arapahoe,  Douglas.  Elbert,  Lincoln,  Kit 
Carson,  Cheyenne.  .Jefferson.  Clear  ('reek.  Boulder, 
Gilpin.  Denver.  Larimer  and  -Jackson;  the  southern 
Colorado  district  shall  consist  of  the  counties  of 
Teller.  Park.  Fremont.  HI  Paso,  Custer,  Pueblo. 
IIuerf}iiio,  Las  Animas.  Otero,  Bent,  Prowers,  Baca 
and  Kiowa  ;  the  San  Luis  Valley  district  shall  consist 
of  the  counties  of  Costilla,  Conejos,  Rio  Grande, 
Saguarlx1  and  Mineral;  the  Montezuma  valley  dis- 
trict shall  consist  of  the  counties  of  Archuleta,  San 
•Juan.  La  Plata.  San  Miguel,  Dolores  and  Monte- 
/nma  ;  the  central  western  Colorado  district  shall 
consist  of  the  counties  of  Gunnison.  Chaffee,  Lake, 
Eagle,  Summit,  Garfield,  Mesa,  Pitkin,  Delta,  Mont- 
rose.  Iljnsdale  and  Ouray ;  the  northwestern  Colo- 
rado district  shall  consist  of  the  counties  of  Grand. 
Rio  Rlanco  and  Routt .— N.  L.'tl.  p.  156 

291 


§§234b-234c  NORMAL  INSTITUTES 

234b.  A  summer  normal  school  for  the  instruc- 
tion of  teachers  and  those  desiring  to  teach  shall  be 
held  annually  for  a  term  of  not  less  than  six  weeks 
in  each  summer  normal  school  district  of  the  state. 
The  county  superintendents  of  each  summer  normal 
school  district  shall  annually  elect  not  more  than 
three  of  their  number  as  an  executive  committee. 
The  board  of  trustees  of  the  state  normal  school  at 
Greeley,  together  with  this  committee,  shall  employ 
all  instructors,  determine  the  time  and  place  of  hold- 
ing each  summer  normal  school,  and  perform  all 
other  functions  of  a  managing  board  for  said  sum- 
mer normal  school  districts ;  provided  that  the  sum- 
mer school  for  the  central  western  Colorado  district 
shall  be  held  at  Gunnison,  and  the  summer  school 
for  the  northern  Colorado  district  shall  be  held  at 
Greeley;  provided  further,  that  any  school  of  college 
grade  located  in  any  summer  normal  school  district 
may  offer  courses  for  teachers  which,  if  satisfactory 
to  the  governing  board  of  said  district  shall  be  ac- 
cepted as  fulfilling  the  minimum  requirements  for 
the  training  of  teachers. — 8.  L.  '11,  p.  157 

234c.  To  defray  the  expenses  of  said  summer 
normal  schools,  a  registration  fee  shall  be  collected 
from  each  person  attending  the  summer  normal 
school.  The  executive  committee  of  county  super- 
intendents shall  certify  to  the  boards  of  county  com- 
missioners of  the  several  counties  of  the  state  the 
number  and  names  of  the  persons  attending  a  sum- 
mer normal  school  from  their  respective  counties, 
and  it  shall  be  the  duty  of  the  county  commissioners 
of  the  county  where  such  persons  belong  to  appro- 
priate the  sum  of  $2.00  for  each  person  so  certified. 
— fif,  L.  '11,  p.  157 

292 


NORMAL  INSTITUTES  §§  234d  to  234g 

234d.  This  money,  together  with  all  fees  col- 
lected for  the  examination  of  teachers,  fees  collected 
from  those  who  attend  a  summer  normal  school,  and 
all  special  appropriations  for  the  support  of  such 
schools,  shall  be  forwarded  to  the  state  treasurer 
and  shall  be  designated  by  him,  "The  Summer  Nor- 
mal School  Fund."— 8.  L.  '11,  p.  157 

234e.  All  fees  collected  from  each  summer  nor- 
mal school  district  shall  be  kept  separate  for  the  use 
of  that  district— S.  L.  '11,  p.  158 

234f.  The  state  auditor  shall,  upon  the  order  of 
the  president  of  the  board  of  trustees  of  the  state 
normal  school  at  Greeley,  countersigned  by  the  sec- 
retary of  said  board  and  by  the  chairman  of  the 
executive  committee  of  the  summer  normal  school 
district  in  whose  favor  the  warrant  is  drawn,  draw 
his  warrant  in  favor  of  the  treasurer  of  the  desig- 
nated district;  provided,  .that  moneys  appropriated 
or  collected  for  one  summer  normal  school  district 
shall  be  used  for  no  other  purpose  than  the  legiti- 
mate expenses  of  that  district. — 8.  L.  'it,  p.  158 

234g.  To  assist  in  effectively  carrying  out  the 
provisions  of  this  act,  the  sum  of  five  thousand  dol- 
lars is  hereby  appropriated  from  the  general  fund 
out  of  any  moneys  not  otherwise  appropriated,  to  be 
used  by  the  trustees  of  the  state  normal  school  at 
Greeley  for  the  maintenance  of  summer  normal 
schools  in  the  dosignnh'd  districts.—  8.  L.  '11,  p.  158 


PUBLIC  CONTRACTS 


235.  Officer  not  interested  in  contract.  When- 
ever any  officer  of  this  state  or  of  any  county,  city, 
town  or  school  district  therein,  shall  be  charged 
with  the  duty  of  making  am^  contract  for  or  on 
behalf  of  this  state,  or  of  any  county,  city,  town 
or  school  district  therein  shall  be  obliged  to  pay  any 
sum  of  money  to  any  person  whomsoever,  and  when- 
ever any  such  officer,  as  a  member  of  any  board  of 
auditors,  commissioners  or  directors,  or  otherwise, 
shall  have  any  vote  or  voice  in  awarding  any  such 
contract,  'it  shall  not  be  lawful  for  any  such  officer 
to  become  in  any  manner  bound  for  the  fulfillment 
of  such  contract,  or  to  take  or  receive  any  part  or 
portion  of  the  mpney  specified  in  such  contract,  or 
to  be  in  any  way,  manner  or  degree,  interested  in 
such  contract,  excepting  in  his  official  representative 
capacity.— R.  8.  4994 

Director  not  make  contract  with  board. 

1.  Any  member  of  a  board  of  directors  who  shall  have 
any  voice  or  vote  in  awarding  a  contract  cannot  lawfully 
enter  into  any  part  in  the  fulfilling  of  said  contract;    nor 
can  he  take  or  receive  any  part  or  portion  of  the  money 
specified   in  said   contract,   or  be  in  any  way,   manner  or 
degree   interested   in   said    contract,   except   in   his    official 
representative   capacity. 

2.  A  school  director  cannot  legally  become  a  teacher 
in  the  district  in  which  he  holds  that  office. 

3.  A  school  director  has  no  right  to  cause  his  district 
to   be   in   any   way    indebted   to  him   unless   such   director 
happens  to  be  secretary  of  the  district  and  compensation 
has  been  allowed,  in  which  case  he  makes  out  a  warrant 
to  himself,  and  that  warrant  is  signed  by  the  treasurer. 

4.  Contracts  made  b'y  a  school  district  with  a  school 
director  in  violation  of  the  law  relative  to  public  contracts 
are   void 

294 


I'l'I'.LK'  CoXTIiACTS  §§236-237 

School  board  let  contract  to  husband  of  director. 
5.  A  school  board  can  legally  let  a  contract  to  a  man 
whose  wife  is  a  member  of  the  school  board,  as  the  fact 
that  the  wife  is  a  member  and  is,  therefore,  excluded  from 
being  a  party  to  a  contract  with  the  district  would  in  no 
way  affect  the  husband,  who  is  not  a  member  of  the  school 
board. 

236.  Penalty.     Whosoever  shall  offend  against 
the  provisions  of  this  act  shall  be  imprisoned  not  ex- 
ceeding six  months,  and  fined  not  exceeding  $2,000. 
find  shall  be  removed  from  office. — R.  S.  4995 

237.  Officers  dealing  in  warrants.     It  shall  be 
unlawful  for  any  county,  city,  town  or  school  dis- 
trict officei-  in  this  state  to  buy,  purchase,  trade  in  or 
acquire,   either   directly   or   indirectly,   any   county, 
city,  town  or  school  district  warrant  or  any  other 
evidences  of  county,  city,  town  or  school  district  in- 
debtedness of  the  county  of  which  he  is  such  officer 
?it  the  time.    Any  violation  of  the  provisions  of  this 
act  shall  be  adjudged  a  misdemeanor  and  punished 
in  the  discretion  of  the  court  by  a  fine  and  not  ex- 
ceeding  five   hundred  dollars,   or  imprisonment  in 
the  Qounty  jail  for  a  period  of  not  more  than  thirty 
da  vs.—  R.  8. 1820 


295 


PUBLIC  SCHOOLS 


238.  Public  school  defined.  A  public  school  is 
hereby  defined  to  be  a  school  that  derives  its  support 
entirely,  or  in  part,  from  money  raised  by  a  general 
state,  county  or  district  tax.—  R.  s.  6008 

Public  schools — kinds. 

Note.  The  public  schools  of  this  state  consist  of  the  ele- 
mentary schools  and  the  high  schools. 

Elementary  schools  include  (a)  kindergarten  schools  and  (b) 
the  first  eight  grades  of  the  public  schools. 

(a)  Kindergarten  schools  are  supported  by  moneys  from  the 
special  fund  of  the  respective   districts   establishing  them;   but 
their  establishment,  like  district  high  schools,  are  optional  with 
the ,  different   districts,    and,    when    established,    are    free    to    all 
children  between  the  ages  of  three  and  six  years  residing  within 
such  district. 

(b)  The  first  eight  grades  must  be  taught  in  at  least  one 
public  school  in  each  school  district  of  the  state,  and  be  free  to 
all  children  of  school  age  residing  in  such  district.     Such  schools 
are  supported  by  their  quota  from  the  general  fund  and  from  a 
special  fund  raised  by  a  mill  levy  on  all  taxable  property  within 
the  district,  not  to  exceed  twenty  mills,  however,  in  third  class 
districts. 

High  schools  consist  of  (a)  district  high  schools,  (b)  union 
high  schools  and  (c)  county  high  schools. 

(a)  District  high  schools  may  be  maintained  in  any  first  or 
second  class  district  desiring  to  establish  them,  but  not  in  third 
class  districts,  although  the  latter  may  add  certain  of  the  high 
school  branches  to  the  first  eight  grades.     Such  high  schools  are 
free  to  all  children  of  school  age  residing  within  such  district, 
and  are  supported  in  the  same  manner  as  the  eight  grade  schools. 

(b)  Union  high  schools  are  of  three  kinds: 

(1)  When  composed  of  two  or  more  contiguous  districts, 
not  including  a  county  seat,  or  an  incorporated  city  or  town  in  a 
fourth  or  fifth  class  county.  Such  union  high  schools  are  free 
to  all  children  of  school  age  residing  within  the  county,  and  are 
supported  by  their  quota  from  the  general  fund.  Any  deficit  is 
made  up  by  the  different  districts,  in  proportion  to  the  number 
of  children  /attending  from  each. 

296 


PUBLIC  SCHOOLS  §239 

2.  When    the   county   seat   is   all   included   in   one   district. 
Such  union  high  school  is  also  free  to  all  children  of  school  age 
residing  within  the  county,  and  is  supported  by  its  quota  from 
the  general  fund  and  by  a  levy  of  not  to  exceed  four  mills  on  all 
the  taxable  property  of  the  county. 

3.  When  organized  from  districts  contiguous  to  and  includ- 
ing an  incorporated  city  or  town  in  fourth  and  fifth  class  coun- 
ties,  the  school  building  to  be  furnished  by  such  city  or  town. 
Such  union  high  schools  are  free  to  all  children  of  school  age 
residing  within  'such  districts,  and  are  supported  by  their  quota 
from  the  general  fund  and  a  levy  of  nqt  less  than  one  nor  more 
than  three  mills  on  all  taxable  property  therein. 

(c)  County  high  schools  are  of  one  kind  only,  and  are 
established  at  the  county  seats  unless  otherwise  ordered  by  a 
majority  vote  of  the  electors  of  the  entire  county.  They  are 
free  to  all  children  of  school  age  within  the  county,  and  are 
supported  by  their  quota  from  the  general  fund  and  by  a  levy 
of  not  to  exceed  four  mills  on  all  taxable  property  within  the 
county. 

What  constitutes  a  public  school. 

1.  The  departments  of  a  school  cannot  be  legally  con- 
sidered as  separate  schools. 

2.  Where  a  school  is   conducted   as  a  public   school, 
even  though  supported  by  other  than  public  school  money, 
it  is  proper  to  include  the  additional  term  after  the  five 
months  provided  for  by  the  school  fund,  as  if  it  were  also 
supported  by  such  fund,  and  the  teacher  should  make  her 
report  for  the  whole  time. 

3.  If  a  school  teacher  is  engaged  to  teach  a  school  in 
a  district  and  is  paid  even  in  part  from  the  public  school 
fund,  the  school    is  a  public  school,   open   to  all   children 
eligible  to  attend  school  in  the  district,  and  such  a  school 
must  be  controlled  as  any  other  public  school  is,  even  if 
supported  in  part  by  private  subscription. 

239.  Schools  taught  in  English  language — hy- 
giene— Spanish — German — humane  treatment  to  an- 
imals. The  public  schools  of  this  state  shall  be 
taught  in  the  English  language,  and  the  school 
boards  shall  provide  to  have  taught  in  such  schools 
the  branches  specified  in  section  fifteen  of  said  chap- 
ter; and  such  other  branches  of  learning  in  other 
languages  as  they  may  deem  expedient,  including 

297 


§239  PUBLIC  SCHOOLS 

hygiene,  with  special  reference  to  the  effects  of  al- 
coholic stimulants  and  narcotics  upon  the  human 
body,  and  shall  cause  to  be  given  in  each  school 
week  two  lessons  of  not  less  than  ten  minutes'  dura- 
tion each  on  the  subject  of  humane  treatment  to  ani- 
mals; and  whenever  the  parents  or  guardians  of 
twenty  or  more  children  of  school  age  shall  so  de- 
mand, the  board  of  such  school  district  may  procure 
efficient  instructors  and  introduce  the  German  and 
Spanish  languages,  or  either  of  them,  and  gymnas- 
tics, as  a  branch  of  study  into  such  school;  and  said 
district  board  may,  upon  like  demand  of  the  par- 
ents and  guardians  of  children  of  school  age,  procure 
efficient  instructors  to  teach  the  branches  specified 
in  said  section  fifteen,  in  the  German  and  Spanish 
languages,  or  in  either  of  said  languages,  as  said 
board  may  direct.— #.  8.  6010 

Note.     Section  15  above  referred  to  is  section  149  herein. 

Certificates — modern   languages — music — drawing. 

1.  Section  239  provides  that,  upon  the  demand  of  the 
parents  or  guardians  of  twenty  or  more  children  of  school 
age,  the  board  of  such  school  district  may  procure  efficient 
instructors  in  the  German  and  Spanish  languages,  or  either. 
It  also  provides  that,  upon  like  demand,  the  board  may  pro- 
cure like  instructors  to  teach  the  branches  required  in  the 
public  schools  in  German  or  Spanish,  or  either.  Section  383 
provides  that  a  certificate  shall  not  be  required  of  persons 
employed  to  teach  music,  drawing,  or  modern  languages. 
Prom  these  provisions  we  infer  that  no  teacher's  certificate 
is  required  to  teach  music,  drawing,  or  the  German  or 
Spanish  language  only;  but  if  the  teacher  is  required  to 
teach  the  common  school  branches  in  either  German  or 
Spanish,  then  a  county  teacher's  certificate  must  first  be 
obtained.  It  would  also  logically  follow  that  any  person 
employed  to  teach  any  language  other  than  English  only 
should  not  be  required  to  obtain  a  county  teacher's  certifi- 
cate. 


ITULIC  SCHOOLS  §240 

German — when  taught. 

2.  The  school  board  has  no  right  to  introduce  German 
without  a  petition  from  the  parents  or  guardians  of  twenty 
or  more  children  of  school  age. 

3.  The  demands  of  a  compulsory  education  law  would 
not  be  met  in  case  a  child  attended  a  private   school   in 
which  the  German  language  was  used,  as  the  intent  of  the 
law  is  that  the  child  shall   receive  for  the  time  specified 
equivalent    instruction    to    that   given    through   the    public 
schools,    which    the    law    requires    shall    be   taught    in   the 
English  language. 

240.  Schools  open,  to  whom.  Every  public 
school,  except  high  schools,  shall  be  open  for  the 
admission  of  all  children  between  the  ages  of  six  (6) 
and  twenty-one  (21)  years  residing  in  that  school 
district  during  at  least  four  school  months  in  each 
year,  and  the  school  board  shall  have  power  to  ad- 
mit adults,  and  children  not  residing  in  the  district, 
if  they  see  fit  so  to  do,  and  to  fix  the  terms  of  such 
admission.—  R.  S.  6009. 

Who  entitled  to  school  privileges. 

1.  All  persons  between  the  ages  of  six  and  twenty-one 
are  entitled  to  all  the  privileges  of  the  public  schools. 

2.  Children   six   years   of  age   are  entitled    to   school 
privileges,  and  it  is  the  duty  of  the  board  of  directors  to 
provide -adequate  accommodations  for  them. 

3.  A  school  board  has  the  right  to  make  a  rule  that 
children  who  become  six  years  of  age  during   the   school 
year  shall  enter  school  only  at  certain  times — say  at  the 
beginning  of  the   fall,    winter   or  spring  term.     It   is   not 
proper  to  admit  a  child  who  is  under  six  years  of  age. 

4.  In  the  case  of  a  child  under  school  age  the  parent 
would  have  no  legal  right  to  send  such  a  child  to  school, 
no  matter  how  well  advanced   or  capable  the  child  might 
be;    and   the   board   would   have   the   right   to   exclude   the 
child  from  school  even  though  he  obey  the  teacher  and  does 
the  work  well. 

Maintain  organization. 

5.  Four   months   of   school   in    each   school    year   are 
necessary  in  order  for  a  district  to  hold   its  organization, 
and  three  months  to  entitle  it  to  its  share  of  the  public 

299 


§241  PUBLIC  SCHOOLS 

funds;    so   this    practically   makes   four   months   of   school 
necessary  in  each  district. 

Directors'  power. 

6.  A  school  director  cannot  legally  become  a  teacher 
in  the  district  in  which  he  holds  that  office. 

Term  lengthened  ~by  private  subscription. 
1.     If  the  term  of  a  public  school  be  lengthened  by 
private  subscription,  the  time  of  such  lengthening  may  be 
counted  toward  providing  for  the  length  of  term  required 
by  law. 

Summer  school. 

8.  While  a  school  board,  if  they  feel  so  disposed,  have 
a  right  to  establish  a  summer  school,  they  have  not  the 
right  to  limit  the  attendance  to  certain  pupils  and  others 
to  pay  their  own  tuition;  but  it  would  be  legal  to  establish 
such  a  school  for  certain  grades;  and  limit  the  attendance 
thereto. 

Building — where  situated. 

9.  School  must  be  held  in  a  building  situated  within 
the  boundaries  of  the  district. 

241.  Failure  to  maintain  school  for  three 
months.  Any  school  district  failing  to  maintain  a 
public  school  at  least  three  months  of  any  school 
year,  shall  not  be  entitled  to  receive  any  portion  of 
the  school  fund  for  that  year.— R.  8.  5891 

Maintain  organization  entitle  to  fund. 

1.  The  three  months'  school  required  by  law  to  hold 
the  organization  of  a  district  and  secure  an  apportionment 
should  be  held  between  July  1st  and  June  30th. 

2.  A  district  which  holds  no  school,  but  whose  pupils 
by  authority  of  the  school  board  attend  school  in  another 
district,  the  school  board  paying  tuition  to  such  other  dis- 
trict, does  not  comply  with  the  requirement  of  law,  and  is 
not  entitled   to  its   pro   rata  share   of  the   general   school 
fund. 

3.  No  school,  except  one  duly  organized  according  to 
law,  is  entitled  to  recognition  as  a  public  school,  either  in 
the  distribution  of  funds  or  in  any  other  official  way. 


SCHOOL  CENSUS 


242.  Census — school  age.  A  school  census  is 
hereby  defined  to  be  a  census  embracing  all  persons 
between  the  ages  of  six  and  twenty-one  years. 
School  age  is  hereby  defined  to  be  any  age  over  six 
and  under  twenty-one  years. — R.  s.  6014 

Note.    County  superintendent  examines  census,  section  97. 

Who  included  in  census. 

1.  Deaf  mutes  and  blind  persons  between  the  ages  of 
six  and  twenty-one  should  be  included  in  the  school  census. 

2.  The  names  of  all  persons  of  school  age  must  be 
included  in  the  census.     The  law  makes  no  exception  in 
regard  to  married  persons. 

3.  It  would  not  be  legal  to  enroll  the  persons  of  school 
age  belonging  to  the  State  Industrial  School  in  Jefferson 
county  upon  the  census  lists  of  the  school  districts  where 
the   schools    are   located,    providing   such   persons   have   a 
residence  elsewhere. 


301 


STATE  BOARD  OF  EDUCATION 


243.  Who  constitutes  state  board.    The  superin- 
tendent of  public  instruction,  the  secretary  of  state 
and  attorney  general,  shall  constitute  a  state  board 
board  of  education,  of  which  the  superintendent  of 
public  instruction  shall  be  president.— #.  8.  5866 

Note.     See  constitution,  article  IX,  section  1. 

244.  When  board   meets — by-laws.     The   state 
board  of  education  shall  meet  at  the  state  capitol 
on  the  last  Saturday  in  December  in  each  year,  and 
at  such  other  times  and  places  as  may  by  them  be 
deemed  necessary,  and  shall   have  power  to  adopt 
any  rules  and  regulations  not  inconsistent  with  law, 
for  its  own  government,  and  for  the  government  of 
the  public  schools.—^,  s.  5867 

Normal  institute  fund. 

1.  The  State  Board  of  Education  has  no  power  to 
require  and  force  county  commissioners  to  perform  their 
duties  in  relation  to  the  distribution  of  Normal  Institute 
funds.  The  interested  parties  must  bring  proper  proceed- 
ings in  court  to  get  relief. 

245.  Grant  diplomas — effect.     The  state  board 
of  education  is  hereby  authorized  to  grant  state  di- 
plomas to  such  teachers  as  may  be  found  to  possess 
the  requisite  scholarship  and  culture,  and  who  may 
also  exhibit  satisfactory  evidence  of  an  exceptional 
moral    character    and    whose    eminent    professional 
ability  has  been  established   by  not  less  than  two 
years'  successful  teaching  in  the  public  schools  of 
this  state.    Such  diplomas  shall  supersede  the  neces- 
sity of  any  and  all  other  examinations  of  persons 
holding  the  same,  by  county,  city,  town,  or  district 


STATK    I'.oARD  OF  EDUCATION      §§246-247-248' 

in  the  state,  for  the  grade  of  work  indicated,  unless 
revoked  by  the  state  board  of  education. — R.  s.  5868 

Certificates  from  other  states. 

1.  State  certificates  issued  by  other  states  are  not 
recognized  by  the  law  of  Colorado.  Persons  who  wish  to 
teach  in  this  state  must  hold  certificates  issued  upon  exam- 
ination by  the  proper  district,  county  or  state  authority. 

246.  Diploma  for   eminent   service.     The   state 
hoard   of  education   may,  in  their  discretion,   issue 
state  diplomas   without  examination,   to  those  per- 
sons who.  in  addition  to  good  moral  character  and 
scholarly   attainments  have,   in   the   opinion  of  the 
state  hoard  of  education,  rendered  eminent  service 
in  the  educational  work  of  the  state  for  a  period  of 
not  less  than  six  years.—  s.  L.  '09.  p.  371 

247.  Who  need  not  take  examination.  The  state 
hoard  of  education  shall  grant  state  diplomas  to  all 
persons   who  shall   be  teaching  in   the   public  high 
schools  of  the  state  of  Colorado  at  the  time  of  the 
passage  of  this  act  and  who  shall,  within  a  period 
of  six  months  thereafter,  satisfy  the  state  board  of 
education  that  they  have  had  forty-five  months'  suc- 
cessful    teaching     experience    in    the    public    high 
schools  of  the  stale  of  Colorado.—  8.  L.  'm>.  p.  371 

248.  Diplomas  without  examination.    The  state 
board  of  education  shall  issue  state  diplomas  upon 
application,  without  examination,  to  applicants  who 
shall  be   graduates   of  colleges  situated  within   th<J< 
slate  of  Colorado,  which  maintain  a  standard  four- 
year  course  of  collegiate    work    and    require    four 
standard  years  of  high  school  wrork  or  its  equivalent 
for  admission,  and  who  shall  also  exhibit  evidence 
satisfactory  to  the  state  board  of  education  of  good 
moral    character,    and    who    shall    also    present    evi- 

303 


§  249  STATE  BOARD  OF  EDUCATION 

denee  satisfactory  to  the  state  board  of  education 
that  they  have  had  twenty-four  months  of  success- 
ful teaching  experience,  and  who  shall  also  produce 
evidence  satisfactory  to  the  state  board  of  education 
of  professional  training  equivalent  to  at  least  one- 
sixth  of  a  standard  four  years'  college  course  and  at 
least  three  of  the  following  groups  of  subjects,  one 
of  which  shall  be  Practice  Teaching,  to-wit: 

(1)  General  and  Educational  Psychology. 

(2)  History  of  Education. 

(3)  Science  and  Principles  of  Education. 

(4)  Practice  Teaching  and  Special  Methods. 

(5)  Organization  and  Management  of  Schools. 

(6)  Philosophy,    Sociology   and   Anthropology. 
—8.  L.  '09,  p.  371 

249.  Diplomas  license  to  teach  for  five  years. 
State  diplomas,  granted  under  the  provisions  of  this 
act,  shall  license  the  holders  thereof  to  teach  in  the 
public  schools  of  any  county,  city,  town  or  district 
in  the  state  without  the  necessity  of  any  other  ex- 
amination, for  a  period  of  five  years  unless  sooner 
revoked  by  the  state  board  of  education,  and  at  the 
expiration  of  said  time,  the  same  may  be  renewed 
for  a  like  period  of  five  years  in  the  discretion  of 
the  state  board  of  education,  and  at  the  expiration 
of  this  time,  the  same  may  be  renewed  for  life  upon 
presentation  to  the  state  board  of  education  of  satis- 
factory evidence  of  professional  growth  and  effi- 
ciency ;  Provided,  That  the  state  board  of  education 
shall  issue  upon  application,  without  examination, 
to  those  persons  who  possess  the  qualifications  set 
forth  in  section  4  of  this  act,  experience  in  teach- 
ing alone  excepted,  a  temporary,  non-renewable  cer- 

304 


STATK    HOAPJ)  OF   10DUCATION  §§250-251 

titicate  to  teach  for  five  years  in  the  public  schools 
of  Colorado.— 8.  L.  '09,  p.  371 

Note.    Section  4  above  referred  to  is  section  248  herein. 

250.  Board   may   revoke    diploma.     The    state 
board  of  education  may  at  any  time  revoke  a  state 
diploma,  upon  satisfactory  evidence  that  the  holder 
thereof  has  become  unworthy  the  same ;  Provided, 
That  before  revoking  any  such  diploma,  the  holder 
thereof  shall  have  at  least  thirty  days'  notice  to  ap- 
pear before  the  state  board  and  refute  any  charges 
brought  against  him.—  R.  8.  5870 

STATE   BOARD   OF   EXAMINERS 

251.  State  board  of  examiners — appointed  "by 
board  of  education.    There  is  hereby  created  a  state 
board  of  examiners  which  shall  consist  of  a  state 
superintendent   of  public  instruction  who  shall  be 
president  of  the  board,  and  eight  other  persons  who 
shall  be  appointed  by  the  state  board  of  edvication 
in   the   manner  following:     Immediately  upon   the 
passage  of  this  act  the  state  board  of  education  shall 
appoint  two  members   of  said  state   board   of   ex- 
aminers, one  of  whom  shall  be  recommended  to  it 
for  that  purpose  by  .the  president  of  the  state  agri- 
cult  ural  college.  ;md  both  of  whom  shall  be  citizens 
of  Colorado,  actively  engaged  in  educational  work, 
and  who  are  not  members  of  the  faculties  of  either 
the  state  agricultural  college,  the  university  of  Colo- 
rado, the  state  school  of  mines,  or  the  state  normal 
school,  which  said  members  shall  hold  office  until 
the   first  day  of  May,  A.   D. '1910,   and   whose   re- 
spective successors  shall  in  like  manner  be  appointed 
to    hold   office   for  successive   terms   of   four   years 
thereafter. 

305 


§251  STATE  BOARD  OF  EDUCATION 

And  the  state  board  of  education  shall  also  in 
like  manner  appoint  two  members  of  said  state  board 
of  examiners,  one  of  whom  shall  be  recommended  to 
it  for  that  purpose  by  the  president  of  the  university 
of  Colorado,  and  both  of  whom  shall  be  citizens  of 
Colorado,  actively  engaged  in  educational  work,  and 
who  are  not  members  of  the  faculties  of  either  the 
state  agricultural  college,  the  university  of  Colo- 
rado, the  state  school  of  mines  or  the  state  normal 
school,  which  said  members  shall  hold  office  until 
the  first  day  of  May,  A.  D.  1911,  and  whose  respec- 
tive successors  shall  in  like  manner  be  appointed 
to  hold  office  for  successive  terms  of  four  years 
thereafter. 

And  the  state  board  of  education  shall  also  in 
like  manner  appoint  two  members  of  said  state  board 
of  examiners,  one  of  whom  shall  be  recommended  to 
it  for  that  purpose  by  the  president  of  the  state 
school  of  mines  and  Both  of  whom  shall  be  citizens 
of  the  state  of  Colorado,  actively  engaged  in  educa- 
tional work,  and  who  are  not  members  of  the  facul- 
ties of  either  the  state  agricultural  college,  the 
university  of  Colorado,  the  state  school  of  mines 
or  the  state  normal  school,  which  said  members 
shall  hold  office  until  the  first  day  of  May,  A.  D. 
1912,  and  whose  respective  successors  shall  in  like 
manner  be  appointed  to  hold  office  for  successive 
terms  of  four  years  thereafter. 

And  the  state  board  of  education  shall  also  in 
like  manner  appoint  two  members  of  said  state 
board  of  examiners,  one  of  whom  shall  be  recom- 
mended to  it  for  that  purpose  by  the  president  of 
the  state  normal  school,  and  both  of  whom  shall  be 


STATK    lioAUD  OF  EDUCATION  §  2fr2 

citi/cns  of  the  state  of  Colorado,  actively  engaged 
in  educational  work,  and  who  are  not  members  of. 
the  faculties  of  either  the  state  agricultural  col- 
h'uv.  the  university  of  Colorado,  the  state  school  oP 
mines  or  the  state  normal  school,  which  said  mem- 
bers shall  hold  office  until  the  first  day  of  May,  A. 
I).  11)1.'},  and  whose  respective  successors  shall  in  like 
manner  be  appointed  to  hold  office  for  successive 
terms  of  four  years  thereafter. — S.  L.  'Of),  pp.  369-370 

252.  Applicants  to  be  examined.  The  state 
board  of  examiners  shall,  as  often  as  directed  by  the 
state  board  of  education,  and  at  least  as  often  as 
once  a  year,  and  after  having  given  due  public 
notice  of  the  same,  examine  all  applicants  for  state 
diplomas  in  sncli  branches,  and  upon  such  terms  as 
in  the  judgment  of  the  state  board  of  examiners, 
shall  be  .requisite  to  prove  the  applicant's  posses- 
sion of  academic  and  professional  attainments,  fully 
equivalent  to  those  set  forth  in  section  4  of  this 
act. - -N.  /,.  'on,  p.  370 

.\<>t«'.     Section    I  abov»'  r<-tVrr«-il   to  is  section  248  herein. 

Grades  how  applied. 

1.  The  grades  received  on  a  teacher's  high  school  cer 
tificate   would   not   be   credited    on   a    state   diploma.      The 
applicant  for  a  state  diploma  must  hold  at  the  commence- 
ment of  the  examination,  an  unexpired  first  grade  certifi- 
cate.     The   fact    that    it   had    been    renewed    would    not    in- 
validate it. 

2.  Grades  received  at  a  county  examination  could  not 
be  transferred  to  a  state  certificate. 

Experience  required  before  taking  state  examination. 

3.  The  two  years'  teaching  experience  in  Colorado,  re 
quired  before  an  applicant  may  take  the  examination  for 
a  state  certificate,  has  been   interpreted  to  mean  two  full 
years'  work  in  a  graded  school  where  the  term  is  not  less 
than  nine  months. 

307 


§•253  STATE  BOARD  OF  EDUCATION 

Certificates  from  other  states. 

4.  State  certificates  issued  by  other  states  are  not 
recognized  by  the  law  of  Colorado.  Persons  who  wish  to 
teach  in  this  state  must  hold  certificates  issued  upon  exam- 
ination by  the  proper  district,  county  or  state  authority. 

253.  Requirements  of  applicants,  And  the  state 
board  of  education  shall  grant  state  diplomas  to 
such  persons  as  shall  by  virtue  of  such  examination, 
be  found  to  possess  the  requisite  scholarship  and  cul- 
ture, and  who  shall  also  exhibit  evidence  satisfac- 
tory to  the  state  board  of  education,  of  good  moral 
character.— $.  L.  '09,  p.  370 


308 


AGRICULTURAL  COLLEGE  SYSTEM 


AGRICULTURAL  COLLEGE  AT  FORT  COLLINS 

254.  College — objects.      The    following    educa- 
tional institutions,  to-wit:  the  university  at  Boulder, 

e  agricultural  college  at  Fort  Collins,  the  school 
o£  mines  at  Golden,  and  the  institute  for  the  edu- 

lion  of  mutes  (which  shall  hereafter  be  known 
;is  Colorado  School  for  deaf  and  blind)  at  Colorado 
Springs  are  hereby  declared  to  be  institutions  of  the 
slate  of  Colorado,  and  the  management  thereof  sub- 
ject to  the  control  of  the  state,  under  the  provisions 
of  the  Constitution,  and  such  laws  and  regulations 
as  the  general  assembly  may  provide,  and  the  loca- 
tion of  said  institutions  *  *  *  are  hereby  con- 
firmed. *  *  *  —  8.  L.  '09,  p.  324 

255.  Design  and  objects.    *     *     *    The  design 
of  the  institution  is  to  afford  thorough  instruction 
in  agriculture,  and  the  natural  sciences  connected 
therewith.     To  effect  that  object  most  completely, 
the   institution  shall   combine   physical   with  intel- 
lectual education,  and  shall  be  a  high  seminary  of 
learning,   in   which  the   graduates   of  the   common 
school,   of  both  sexes,   can   commence,   pursue   and 
finish   a   course  of  study,  terminating  in  thorough 
theoretical  and  practical  instruction  in  those  sciences 
and  arts  which  bear  directly  upon  agriculture  and 
kindred  industrial  pursuits. — 7?.  8.  88 

256.  Qualifications    of    students.      No    student 
shall  be  admitted  to  the  institution  who  is  not  fif- 
teen years  of  age,  and  who  does  not  pass  a  satis- 

309 


§§257-261       STATE  EDUCATIONAL  INSTITUTIONS 

factory^examination  in  arithmetic,  geography,  gram- 
mar, reading,  spelling  and  penmanship.—  R.  s.  89 

257.  Programme.     The  board  and  faculty  shall 
make,   annually,  a  programme    of    theoretical    and 
practical  instruction.—  R.  8.  90 

258.  Duration  of  Course.    A  full  course  of  study 
in  the  institution  shall  embrace  not  less  than  four 
years.     The  state  board   of  agriculture   may  insti- 
tute winter  courses  of  lectures  for  others  than  stu- 
dents of  the  institution,  under  necessary  rules  and 
regulations.— .R.  8.  91 

259.  Academical  year — term — suspension.     The 
academical  year  shall  consist  of  not  less  than  nine 
calendar   months.    This   academical    year    may    be 
divided  into  such  terms  by  the  state  board  of  agri- 
culture, as  in  their  judgment  will  best  secure  the  ob- 
jects for  which  the  college  was  founded.    The  board 
may,  at  any  time,  temporarily  suspend  the  college 
in  case  of  fire,  the  prevalence  of  fatal  diseases,  or 
other  unforeseen  calamity.—  R.  8.  92 

260.  Labor  on  farm — hours.      Three    hours    of 
each  day  shall  be  devoted  by  each  male  student  of 
the  college  to  labor  on  the  farm ;  and  every  female 
student   shall   devote   three   hours   of   each   day   to 
labor  in  such  department  of  work,  as  may  be  as- 
signed them  by  the  board  and  faculty,  and  no  one 
shall  be  exempt,  except  for  physical  disability.     By 
a  vote  of  the  board  of  agriculture  at  such  sessions 
and  in  such  exigencies  as  demanded,  the  hours  of 
labor  may  be  increased  to  four  hours  or  diminished 
to  two  hours.—  R.  S.  93 

261.  Tuition    fees — discrimination.     The  'state 
board  of  agriculture  shall  be  vested  with  discretion 

310 


STATK   EDUCATIONAL  INSTITUTIONS       SS  262-263 

to  charge  tuition  or  not  as  they  may  deem  most  con- 
ducive to  the  interests  of  the  institution,  unless 
acts  of  the  general  assembly  making  appropriations 
for  its  support  shall  otherwise  direct.  The  board 
may  make  discrimination  in  regard  to  tuition  be- 
tween students  from  this  state  and  from  other  states. 
One-third  of  the  tuition  for  the  academic  term  shall 
be  paid  in  advance,  and  shall  be  forfeited  in  case 
the  student  abandons  the  institution.—  R.  8.  94 

262.  Board  control  college  and  farm — make  by- 
laws and  rules.    The  state  board  of  agriculture  shall 
have  the  general  control  and  supervision  of  the  state 
agricultural    college,   the   farm   pertaining   thereto, 
and  lands   which   may  be  vested  in  the   college  by 
state  or  national  legislation;  of  all  appropriations 
made  by  the  state  for  the  support  of  the  same.   The 
boa  I'd  shall  have  plenary   power  to  adopt  all  such 
ordinances,  by-laws  and  regulations,  not  in  conflict 
with  the  law.  as  they  may  deem  necessary  to  secure 
the  successful  operation  of  the  college  and  promote 
the  designed  objects.—  R.  8.  95 

263.  Board    choose   president    and    tutors — va- 
cancy in  presidency.     It  shall  be  the  duty  of  the 
state  board  of  agriculture  to  choose  a  president  of 
the   state   agricultural   college   before   the   first    aca- 
demic term  of  the  institution;  they  shall  then  pro- 
ceed to  choose  such  professors,  tutors  and  employes 
as  the  necessities  of  the  institution  demand.    In  case 
of  vacancy -in  the  office  of  president,  or  in  case   a 
suitable  man  cannot  be  selected,  the  senior  professor 
shall  perform  the  duties  of  the  office  until  the  board 
shall  elect   a   president.— A'.  N.  96 

311 


§§264-266      STATE  EDUCATIONAL  INSTITUTIONS 

Board  employ  professors  for  long  term. 
a.  The  state  board  of  agriculture  has  power  to  employ 
professors  to  teach  in  the  agricultural  college,  and  may 
make  valid  contracts  for  such  employment  for  a  definite 
time  of  reasonable  length.  Where  a  professor  was  em- 
played  for  a  term  of  one  year  and  discharged  before  the 
end  of  the  term  without  good  cause,  he  is  entitled  to  recover 
his.  salary  for  the  balance  of  the  term;  and  the  fact  that 
the  statute  gives  the  board  the  right  to  remove  such  pro- 
fessor does  not  relieve  them  from  liability  far  wrongful 
removal. — Board  of  Agriculture  v.  Meyers,  20  C.  A.  139 

Employment  extending  over  term. 

&.  A  professor  who  is  employed  under  express  con- 
tract to  teach  for  one  year,  and  continues  in  the  same 
service  without  objection  after  the  expiration  of  the  term, 
is  entitled  to  the  same  salary  as  for  the  preceding  year. — 
Board  of  Agriculture  v.  Meyers,  20  C.  A.  139 

264.  Board    prescribe    duties    and    confer    de- 
grees.    The  board,  with  the  advice  of  the  faculty, 
shall  prescribe  the  books  to  be  used  in  the  institu- 
tion, and  also  confer  such  degrees  or  testimonials 
as  are  conferred  by  similar  institutions.—^,  s.  98 

265.  Faculty  how  constituted.     The  president, 
professors  and  farm  managers  shall  constitute  the 
faculty  of  the  state  agricultural  college.    The  presi- 
dent of  the  college  shall  be  the  president   of  the 
faculty.     The  secretary  of  the  state  board  of  agri- 
culture  shall    be    a   member   and    secretary   of   the 
faculty.— #.  £.99 

266.  Wages  to  students — boarding  at  cost.    The 
president  and  secretary,  'together  with  the  superin- 
tendent of  the  farm,  if  there  be  one,  and  in  case 
there  is  not  one,  then,  one  of  the  professors  to  be 
elected  by  the  faculty,  shall  constitute  a  committee 
to  fix  the  rate  of  wages  allowed  to  students,  and  rate 
of  board.     In  assessing   the  board,  it  shall   be  so 
estimated  that  no  profit  shall  be  saved  to  the  institu- 

312 


STATi;  EDUCATIONAL  INSTITUTIONS       §§267-269 

lion,  and  as  near  as  possible  at  the  actual  cost.  The 
rates  of  wages  allowed,  and  rate  of  charge  for  board, 
shall,  if  practicable,  be  submitted  to  the  state  board 
of  agriculture  before  they  take  effect.—  R.  s.  106 

AGRICULTURAL  COLLEGE   AT  FORT   LEWIS 

267.  School  of  agriculture,  mechanic  arts  and 
household  arts.    That  there  is  hereby  established  at 
the  Fort  Lewis  School  in  La  Plata  County  a  school 
of   agriculture,   mechanic   arts   and   household   arts 
upon  the  grounds  heretofore  accepted  by  the  gov- 
ernor of  the  state  of  Colorado,  and  now  owned  and 
held  by  the  United  States.— 8.  L.  '11,  p.  39 

268.  State  board  of  agriculture  control.     That 
from  and  after  the  passage  and  approval  of  this  act, 
f-he  state  board  of  agriculture  shall  take  and  assume 
control  of  the  lands,  buildings  and  equipments   at 
Fort   Lewis   School,   now   owned  and  held  by  the 
state,  and  the  said  lands,  buildings  and  equipment 
shall  thereafter  become  and  be  a  part  of  the  agri- 
cultural college  system  of  the  state,  and  shall  be  con- 
trolled and  managed  under  the  same  laws,  rules  and 
regulations,  by  the  state  board  of  agriculture  as  the 
agricultural  college  at  Fort  Collins ;  Provided,  That 
Indian  pupils  shall  at  all  times  be  admitted  to  such 
school  free  of  charge  for  tuition  and  on  terms  of 
equality  with  white  pupils. — #./,.'.//.  p.  40 

HORTICULTURE   AND    FORESTRY 

269.  Branch  school  at  Grand  Junction.     That 
there  is  hereby  established  at  the  Grand  Junction 
Indian  School  in  Mesa  County,  a  school  of  horticul- 
ture,   forestry    and   vocational    learning,    upon    the 
"•rounds  to  be  accepted  by  the  governor  of  the  state 

313 


§  270  STATE  EDUCATIONAL  INSTITUTIONS 

of  Colorado  and  now  owned  and  held  by  the  United 
States.  —8.  L.  'ii,  p.  145 

270.  State  board  of  agriculture  manage.  That 
from  and  after  the  passage  and  approval  of  this  act, 
the  state  board  of  agriculture  shall  take  and  assume 
control  of  the  lands,  buildings  and  equipments  at 
the  Grand  Junction  Indian  School,  now  owned  and 
held  by  the  United  States,  and  the  said  lands,  build- 
ings and  equipment  shall  thereafter  become  and  be 
a  part  of  the  agricultural  college  system  of  the  state, 
and  shall  be  controlled  and  managed  under  the  same 
laws,  rules  and  regulations,  by  the  state  board  of 
agriculture  as  the  agricultural  college  at  Fort  Col- 
lins; provided,  that  the  Indian  pupils  shall  at  all 
times  be  admitted  to  such  school  free  of  charge  for 
tuition  and  on  terms  of  equality  with  white  people. 
—8.  L.  '11,  p.  146 


314 


COLORADO  SCHOOL  FOR  DEAF  AND  BLIND 


SCHOOL  LOCATED  AT  COLORADO  SPRINGS 

271.  Object  of  institution.     There  shall  be  per- 
manently    maintained     at     the     city     of     Colorado 
Springs,  in  the  County  of  El  Paso,  an  institution  for 
the  support  and  education   of  the   mute  and  blind 
residing  within  the  state  of  Colorado. — R.  S.  4313 

272.  Name  of  school.    Such  institute  shall  be  a 
body  corporate  under  the  name  of  ' '  Colorado  School 
for  the  Deaf  and  the  Blind."  and  may  sue  and  be 
sued,  may  take  and  hold  real  estate  by  gift,  devise 
or  otherwise,  for  the  use  and  benefit  of  such  school. 
— /?.  X.  4314 

273  Educational  institution  of  the  state. 
That  the  Colorado  School  for  the  Deaf  and  the 
Blind,  located  at  the  city  of  Colorado  Springs,  in  the 
county  of  El  Paso,  is  hereby  declared  to  be  one  of  the 
educational  institutions  of  the  stall'  of  Colorado  and 
lias  for  its  object  the  education  of  s-uch  of  the 
children  of  the  state  as  cannot,  by  reason  of  the 
impairment  of  their  sense  of  hearing  or  of  sight,  be 
advantageously  educated  in  the  other  schools  or  edu- 
cational institutions  of  the  state.  Said  school  shall 
not  be  regarded  or  classed  as  a  reformatory  or  char- 
itable institution.—  *SY.  L.  '0<>.  p.  333 

274.  Board  of  trustees — appointment — term. 
That  the  management  of  the  institute  for  the  edu- 
cation of  the  mute  and  blind.  *  *  shall  be 
\  ested  in  a  board  of  five  trustees,  to  be  appointed 
by  the  Governor,  by  arid  with  the  advice  and  e<msen1 
of  the  senate.  and  shall  serve  for  a  period 

::  1 :, 


§§275-277      STATE  EDUCATIONAL  INSTITUTIONS 


of  six  years  each,  and  in  every  case  a  trustee  shall 
hold  his  office  until  his  successor  is  appointed  and 
qualified;  Provided,  That  the  superintendent  or  any 
other  employe  of  said  institute,  shall  not  be  a  trustee 
thereof.— R.  8.  4318 

275.  Superintendent — appointment.       The   said 
trustee  shall  have  charge  of  the  general  interests  of 
the  institute,  and  shall  appoint  for  a  term  of  two 
years  at  a  time,  as  superintendent  of  the  institute,  a 
person  who  shall  have  acquired  an  easy  and  ready 
use  of  the  "Sign  Language,"  such  as  is  commonly 
used  by  educated  deaf  mutes,  who  shall  have  had 
not  less  than  five  years'  experience  in  instructing 
deaf  mutes,  who  shall  be  familiar  with  the  methods 
used  in  their  instruction,  and  who  shall  possess  other 
qualifications  that  would  in  their  judgment  fit  him 
for  such  office.     *     *     *  — R.  8.  4319 

276.  Duties    of    superintendent — discharge    of 
teachers.    The  principal  executive  officer  of  the  in- 
stitute shall  be. officially  known  and  designated  as 
the  superintendent  of  said  institute.    He  shall  reside 
in  the  institute,     *     *     *     and  shall,  with  the  ap- 
proval of  the  trustees,  appoint  and  fix  the  compensa- 
tion of  all  other  officers  and  employes  in  the  insti- 
tute, and  may,  at  any  time,  if  it  be  for  the  benefit  of 
the  institute,  or  in  the  interest  of  proper   govern- 
ment, discharge  any  of  them  from  service ;  Provided, 
however,  That  teachers  shall  not  be  discharged  un- 
less by  consent  of  the  trustees.     *    *    *  — R.  s.  4324 

277.  Admission  of  pupils — support.  Every  blind, 
deaf  or   mute  citizen   of  the  state  of  Colorado,  of 
sound  mind,  over  six  and  under  twenty-one  years  of 
age,  shall  be  entitled  to  receive  an  education  in  said 

316 


STATE  EDUCATIONAL  INSTITUTIONS       §§278-279 

institute  at  the  expense  of  the  state.  All  applicants 
above  the  age  of  twenty-one  years  may  be  admitted 
at  the  option  of  the  board.  Each  county  superin- 
tendent of  common  schools  shall  report  on  the  first 
clay  of  June  in  each  year  to  the  superintendent  of 
the  school  for  the  education  of  the  deaf  and  the 
blind,  the  name,  age  and  post  office  address  of  every 
blind  or  deaf  person  of  suitable  age,  for  admission  to 
said  school,  residing  in  his  county,  including  all  such 
persons  as  may  be  too  deaf  or  blind  to  acquire  an 
education  in  the  common  school.  Applicants- for  ad- 
mission to  said  school  from  other  states,  if  within 
the  ages  prescribed  by.  this  section,  may  be  admitted 
upon  payment  of  such  sum  quarterly,  as  the  board 
of  trustees  of  said  school  may  determine. — R.  8.  4334 

278.  Residents  of  other  states — when  admitted. 
The  residents  of  other  states,  or  territories,  may  be 
admitted  to  said  institute,  upon  the  payment  of  a 
sum,  in  advance,  to  be  fixed  by  the  trustees,  of  not 
less  than  the  total  cost,  per  capita,  of  the  inmates 
for   the   year   immediately   preceding   the   year   in 
which    application    for    such    admission    is    made. 
A     failure    on    the    part    of    the    person    so    ad- 
mitted, or  his  parents,  guardian,  or  friends,  to  make 
si i di  payments  to  the  superintendent,  promptly,  in 
advance,  shall  be  just  cause  for  immediate  dismissal 
of  the  pupil;  Provided,  That  no  resident  of  another 
state,  or  territory,  shall  be  received  or  retained  to 
the  exclusion  of  any  resident  of  tbe  state  of  Colo- 
rado ;     *     *     *  —  R.'S.  4335 

279.  When  counties  pay  expense.     In  all  cases 
wln'i-o   pel-sons  sent   to  the  institute  for  the  educa- 
tion of  the  mute  and  blind  are  too  poor  to  furnish 

317 


§280  STATE  EDUCATIONAL   INSTITUTIONS 

themselves  with  sufficient  clothing  and  pay  the  ex- 
penses of  transportation  to  and  from  the  institute, 
the  judge  of  the  county  court  of  the  county  where 
any  such  person  resides,  upon  the  application  of 
any  relative,  or  friend,  of  such  person,  or  of  any 
officer  of  his  town,  or  county,  may,  if  he  shall  deem 
such  person  a  proper  subject  for  the  care  of  said  in- 
stitute, make  an  order  to  that  effect,  which  shall  be 
certified  by  the  clerk  of  the  court  to  the  superin- 
tendent of  said  institute,  who  shall  then  provide  the 
necessary  clothing  and  transportation,  at  the  expense 
of  the  county,  and  upon  his  rendering  his  proper  ac- 
counts therefor,  semi-annually,  the  county  board 
shall  allow  and  pay  the  same  out  of  the  county 
treasury.  — R.  s.  4336 

TEACHER— ADULT   BLIND 

280.  Office  of  state  teacher.  That  the  office  of 
state  teacher  for  the  adult  blind  of  the  state  of  Colo- 
rado is  hereby  created  and  established.  Said  officer 
shall  be  either  a  male  or  female  resident  of  this 
state,  to  be  selected  and  appointed  by  the  state 
board  of  education  at  its  annual  meeting,  the  last 
Saturday  in  December  each  year,  and  shall  hold  of- 
fice for  one  year  from  said  date  or  until  his  successor 
is  duly  appointed;  except,  that  within  fifteen  days 
after  the  taking  effect  of  this  act  said  state  board  of 
education  shall  duly  appoint  such  officer  to  hold 
office  until  the  last  Saturday  in  December,  1911, 
Provided:  that  said  board  in  selecting  said  officer 
shall  make  such  appointment  by  virtue  only  of  the 
appointee's  peculiar  fitness  for  the  position,  compe- 
tency and  experience  as  a  teacher  of  the  blind,  good 

318 


STATK  EDUCATIONAL  IXSTITTTIOXS     S5  281-282 

moral  character,  and  shall  where  practicable  select 
a  non-seeing  person  as  such  teacher.  — N.  /,. '//.  p. :'. 

281.  Duties  of  teacher.     The  duties  of  said  of- 
ficer shall  embrace  the  education  and  teaching  of  all 
adult    blind    residents  of  Colorado   at  their   respec- 
tive homes,  under  such  regulations,  directions,  and 
procedure,   and   in   those   methods   and   educational 
branches  as  the  state  board  of  education  shall  pre- 
scribe,  it  shall  be  the  duty  of  said  officer  to  prepare, 
maintain,  and  keep  a  "Register  of  the  Adult  Blind 
of  Colorado"  which  register    shall    describe    their 
condil  iou.  cause  of  blindness,  capacity  for  education 
and  industrial  training,  and  other  material  and  rele- 
vant facts  concerning  said  persons;  and  the  "Board 
of  Control    of  the   Colorado   Industrial  Workshops 
for  the  Blind"  and  the  superintendent  of  the  "Colo- 
rado School  for  the  Deaf  and  Blind"  are  hereby  di- 
rected to  co-operate  with  said  officer  in  the  prepara- 
tion and  maintenance  of  said  register  by  furnishing 
from  time  to  time  the  names,  addresses  and   such 
other  facts  concerning  the  adult  blind  in  Colorado 
as  may  appear  on  their  records  or  otherwise  come  to 
their  knowledge.    The  work  of  preparing  and  main- 
1  Min ing  said  register  shall  be  done  in  the  office  of 
and   by  the  advice  and  under  the  direction  of  the 
state   superintendent    of    public    instruction,  where 
said  register  shall  be  preserved  and  filed,  and  whose 
office  shall  be  the  general  headquarters  for  the  said 
state  teacher  of  the  adult  blind.—  £.  L. '//.  p.  4 

282.  Services — report.   All  the  time  and  services 
of  said  officer  shall  be  devoted  ratably  among  the 
homes  of  all  said  adult  blind,  in  the  manner  and  way 
the  state  hoard  of  education  shall  prescribe,  and    be 

319 


$.&83  STATH   EDUCATIONAL    INSTITUTIONS 

shall,  prior  to  the  first  of  November  of  each  year, 
prepare  and  file  with  the  president  of  said  board,  a 
full  and  complete  report  of  all  of  the  work  com- 
menced or  accomplished  by  his  office  during  the  pre- 
ceding year,  Provided :  that  the  state  board  of  edu- 
cation shall  have  the  power  at  any  time  to  remove 
said  officer,  after  due  hearing,  for  any  reason  suffici- 
ent to  said  board,  and  to  appoint  another  officer 
for  such  unexpired  term.—  8.  L. '//,  p.  3 

283.  Salary — how  payable — expenses,  The  state 
teacher  of  the  adult  blind  of  Colorado  shall  receive 
a  salary  of  one  thousand  dollars  a  year,  payable  in 
equal  monthly  installments  by  the  state  treasurer 
from  the  same  fund  provided  for  the  payment  of 
other  state  officers,  and  upon  due  warrants  of  the 
state  auditor,  who  is  hereby  authorized  and  directed 
to  issue  the  same  upon  receipt  of  properly  issued 
vouchers  of  the  state  board  of  education.  Said  of- 
ficer shall  also  be  paid  and  allowed  all  traveling 
and  living  expenses  while  away  from  the  place  of 
his  residence  and  traveling  within  the  state  in  fulfil- 
ment of  the  duties  of  his  office,  and  also  all  books 
and  papers  necessary  for  the  preparation  of  said 
register,  and  also  all  necessary  teaching  equipments 
and  teaching  methods,  duly  approved  by  the  state 
board  of  education,  not  to  exceed  in  all  the  sum  of 
five  hundred  dollars  for  any  year,  which  said  ex- 
penses shall  be  evidenced  by  itemized  statements 
thereof,  filed  by  said  officer  with  the  state  board  of 
education  at  the  end  of  each  month,  and  shall  be 
paid  monthly  by  the  state  treasurer  in  the  same 
manner  as  the  expenses  of  the  other  state  officers  al- 
lowed by  the  law  are  paid,  and  upon  due  warrants 

320 


STATIC    Kl>r<\\TK>X.\],   IXSTTTUTK  >XS  §283 

of  the  state  auditor,  which  officer  is  hereby  directed 
and  authorized  to  issue  said  warrants  upon  receipt 
of  properly  issued  vouchers  of  the  state  board  of 
education  covering  said  expenses. — tf.  L.  'ii,  p.  3 


321 

11 


INDUSTRIAL  SCHOOLS 


FOR   BOYS 

284.  Industrial  school  established.    There  shall 
be  established  in  this  state  an  institution  under  the 
name  and  style  of  the  "State  Industrial  School." 
— R.  8'.  3027 

285.  Located — building.  The  old  school  of  mines 
building  and  grounds  at  or  near  the  city  of  Golden, 
in  the  county  of  Jefferson,  are  hereby  selected  as, 
and  converted  into  an  establishment  and  site  for  the 
state  industrial  school ;    *    *    *  —  R.  8.  3028 

286.  Board    of    control    appointment — term- 
vacancies.    The  general  supervision  and  government 
of  said  industrial  school  shall  be  vested  in  a  board 
of  control,  to  consist  of  three  members,  who  shall  be 
appointed  by  the  governor,  by  and  with  the  advice 
and  consent  of  the  senate  during  the  session  of  the 
general  assembly,  the  members  of  which  board  shall 
hold  their  offices  for  the  respective  terms  of  two, 
four  and  six  years  from  the  first  day  of  March,  A. 
D.  1881,  and  until  their  successors  shall  be  appointed 
and  qualified,  said  respective  terms  of  office  to  be 
designated  in  their  several  appointments ;  and  there- 
after there  shall  be  one  of  said  board  appointed  every 
two  years,  whose  term  of  office  shall  continue  for  six 
years,  or  until  his  successor  is. appointed  and  quali- 
fied; and  whenever  any  vacancy  shall  occur  in  said 
board,  by  the  death,  resignation  or  otherwise,  the 
governor  shall  fill  the  same  by  appointment,   and 
the  appointee  shall  hold  only  for  the  unexpired  term 
of  the  person  whose  place   he   is    appointed  to  fill. 

— R.  8.  3029 

322 


STATE  EDUCATIONAL  INSTITUTIONS       §§287-289 

287.  Biennial  report  to  superintendent  of  public 
instruction.    The  board  of  control,  on  the  tenth  day 
of  November  preceding  each  meeting  of  the  general 
assembly,  shall  make  a  report  to  the  superintendent 
of  public  instruction,  which  -report,  with  that  of  the 
officers  and  instructors  of  the  institution,  shall  be 
transmitted  to  the  general  assembly  with  the  report 
of  the  said  superintendent.     Said  report  shall  con- 
tain a  detailed  statement  of  their  operations  and  of 
all  expenditures  made  by  them  in  behalf  of  said  in- 
stitution. —R.  8.  3031 

288.  Board   make   rules — appoint   superintend- 
ent, agents,  servants.     It  shall  be  the  duty  of  the 
board  of  control  to  prepare  and  carefully  digest  and 
mature  a  system  of  government  for  said  industrial 
school,  embracing  such  rules  and  regulations  as  may 
be  deemed  necessary  for  preserving  order,  for  en- 
forcing discipline,  for  imparting  instruction,  for  pre- 
serving health,  and  generally  for  the  proper  phy- 
sical, intellectual  and  moral  training  of  the  youth 
committed  to  said  school.    And  they  may  appoint  a 
superintendent  and  such  other  officers,  agents  and 
servants  as  they  may  consider  necessary  to  transact 
the  business  of  said  school,  and  may  designate  their 
duties  and  salaries. — #.$.3032 

Note.    Hazing  in  state  institutions  forbidden. 

289.  Duty  of  board  to  receive  boys.    It  shall  be 
the  duty  of  the  board  of  control  to  receive,  to  the 
extent  of  the  means  placed  at  their  disposal,  and  of 
the  accommodations  afforded  by  the  buildings  nml 
grounds  belonging  to  said  school,  all  persons  com- 
mitted to  their   care  and   guardianship,  under  the 
provisions  of  this  act,  and  to  keep  the  same  during 

323 


§290  STATE  EDUCATIONAL  INSTITUTIONS 

their  minority,  or  until  discharged  by  law,  or  under 
the  rules  of  said  board.—  R.  8.  3035 

290.  Commitment  to  school — term — jurisdiction 
of  courts.  When  any  boy  under  the  age  of  sixteen 
years  and  over  the  age  of  ten  years  shall  be  con- 
victed of  any  offense  known  to  the  laws  of  this 
state,  and  punishable  by  fine  or  imprisonment 
or  both,  except  such  as  may  be  punishable  by 
death  or  imprisonment  for  life,  the  court  be- 
fore whom  such  conviction  shall  be  had,  may 
at  its  discretion,  sentence  such  boy  to  the  state 
industrial  school  or  to  such  punishment  as  is 
now  or  may  hereafter  be  prescribed  by  law  for  the 
same  offense.  All  commitments  to  the  state  indus- 
trial school  shall  be  for  the  term  of  the  boy's  mi- 
nority, unless  he  shall  be  sooner  discharged  by  the 
board  of  control,  as  hereinafter  provided,  and  when- 
ever any  boy  shall  be  discharged  therefrom  as  re- 
formed or  as  having  arrived  at  the  age  of  twenty - 
one  years,  such  discharge  shal]  be  a'  full  and  com- 
plete release  from  all  penalties  and  disabilities  which 
may  have  been  created  by  such  sentence.  The  dis- 
trict and  county  courts  and  the  judges  thereof,  in 
their  respective  counties,  shall  have  exclusive  orig- 
inal jurisdiction  to  try  all  cases  arising  under  the 
provisions  of  this  act.  All  such  cases  shall  be  sum- 
marily tried  before  the  court  or  the  judge  of  the 
court  and  without  the  intervention  of  a  jury,  unless 
a  jury  shall  be  demanded.  Cases  arising  under  this 
act  may  be  instituted  upon  the  sworn  complaint  of 
the  district  attorney  or  his  deputy,  or  any  credible 
person.  No  boy  after  sentence,  shall  be.  confined  in 
any  county  or  city  jail,  but  the  officer  to  whom  the 

324 


STATE  EDUCATIONAL  INSTITUTIONS       §§291-292 

writ  of  commitment  shall  be  delivered  shall  at  once 
convey  such  boy  to  the  state  industrial  school. 
—If.  8.3036 

291.  Parents  and  guardians  may  indenture  boys 
to  school.  Any  parent  may  indenture  his  or  her  boy, 
or  any  guardian  may  indenture  a  male  ward,  to  the 
stnte  industrial  school  for  such  length  of  time  as 
may  be  agreed  upon  by  such  parent  or  guardian,  and 
the   board   of  control  of  said  school,   on   condition 
Unit  such  parent  or  guardian  shall  pay  the  expenses, 
of  such  boy  or  ward  so  indentured  as  aforesaid,  while 
at  said  school. — R.  8.  3037 

292.  Treatment  of  boys — board  may  return- 
duty  of  magistrate.    Each  and  every  boy  who  shall 
be  legally  committed  to  said  school  as  provided  in 
this  act  shall  be  clothed,  fed,  disciplined,  instructed, 
employed  and  governed,  under  the  direction  of  the 
board  of  control  of  said  school,  until  he  either  be  re- 
formed and  discharged,  or  until  he  shall  have  ar- 
rived at  the  age  of  twenty-one  years,  and  it  shall  be 
lawful  for  said  board  of  control  to  place  in  the  care 
of  any  resident  of  this  state,  who  is  the  head  of  a 
family,  and  of  good  moral  character,  any  of  the  said 
boys  of  said  school,  on  such  conditions  and  with  such 
stipulations  as  the  board  may  establish;  Provided, 
No  boy  shall  be  placed  in  the  care  of  any  person 
who  shall  be   engaged  in  the  sale  of  intoxicating 
drinks  or  who  is  in  the  habit  of  getting  drunk.    The 
bonrd  of  control  shall  have  power,  and  it  shall  be 
their  duty  to  return  any  boy  to  the  authorities  of 
the  county  or  city  from  which  he  shall  have  been  re- 
ceived, whom  said  board  may  deem  to  be  an  improper 
subject  for  their  care  and  management,  or  who  shall 
be  Found  to  be  incorrigible,  or  whose  continuance  in 

325 


§  292  STATE  EDUCATIONAL  INSTITUTIONS 

the  school  they  may  deem  prejudicial  to  the  man- 
agement or  discipline  thereof,  or  who  ought  in  their 
judgment  for  any  other  cause  to  be  returned  from 
said  school.  In  every  such  case  it  shall  be  the  duty 
of  said  board  of  control  to  transmit  to  the  court, 
magistrate  or  justice  by  whom  said  boy  was  com- 
mitted to  said  school  a  statement  of  the  reasons  of 
said  return,  and  it  shall  be  the  duty  of  the  author- 
ities of  the  city  or  county  to  whom  said  boy  shall  be 
returned  to  produce  said  boy  before  the  court, 
magistrate  or  justice  by  whom  said  boy  was  com- 
mitted, or  his  successor  in  office,  as  soon  as  the  same 
ca-n  reasonably  be  done ;  and  such  court,  magistrate 
or  justice  shall  have  power  thereon  to  make  such 
order,  and  have  such  proceedings  as  would  have 
been  legal  in  the  first  instance,  and  would  have  been 
made  or  had  in  the  case  if  the  boy  had  not  been  sent 
to  the  industrial  school.  Said  board  of  control  shall 
also  be  authorized,  when,  in  their  judgment,  it  may 
be  deemed  proper  or  expedient  to  give  boys  leave  of 
absence  in  writing,  with  conditions  therein  ex- 
pressed, for  a  limited  time  or  during  good  behaviour, 
and  in  case  of  misconduct  or  other  satisfactory 
reasons,  they  may  reclaim  and  return  to  the  care 
of  the  school  for  such  time  as  he  was  originally  sen- 
tenced without  other  trial  or  commitment  or  pro- 
cess of  law,  any  boy  granted  such  leave  of  absence, 
and  his  further  detention  shall  in  no  way  be  af- 
fected thereby,  either  to  his  prejudice  or  advantage. 
Said  board  of  control  shall  also  have  power  to  re- 
turn any  boy  to  his  parents  or  other  guardians,  when 
they  shall  have  become  bound  in  sufficient  sure- 
ties for  the  good  behaviour  and  care  of  such  boy. 
— R.  S.  3038 

326 


STATE  EDUCATIONAL  INSTITUTIONS       §§293-295 

293.  When  board  may  discharge  or  bind  boy. 

It  shall  be  lawful  for  the  board  of  control,  when- 
ever in  their  discretion  they  may  deem  anyone  of 
the  boys  detained  in  the  said  institution  to  have  be- 
come so  far  reformed  as  to  justify  his  discharge,  to 
liberate  such  boy,  or  to  bind  him  by  articles  of  in- 
denture for  that  purpose  to  be  entered  into,  to  any 
suitable  person  who  will  engage  to  instruct  such  boy 
in  some  proper  art  or  trade,  according  to  the  terms 
of  said  indenture.—  R.  8.  3039 

294.  Persons    caring1   for   boy — compensation- 
proviso    as    to    schooling.     Any  person  other  than 
parent  or  guardian,  who  will  take  and  care  for  any 
boy,  as  above  provided,  for  one  year,  having  faith- 
fully fulfilled  all  the  conditions  prescribed  to  the 
satisfaction  of  the  board,  if  the  board  of   control 
shall  have  so  agreed,  shall  be  entitled  to  receive  from 
the  funds  of  the  industrial  school  fifty  dollars;  at 
the  end  of  two  years,  a  like  sum  on  like  conditions ; 
Provided,  Said  boy  shall  be  placed  at  school  at  least 
three  months  in  each  year;   and  any  boy  who  is 
placed  in  the  care  of  any  person  as  above  provided, 
having  remained  with  said  person  and  faithfully 
performed  the  duties  required  of  him  by  said  board 
for  said  two  years,  and  until  he  shall  have  arrived 
at  th<>  age  of  twenty-one  years,  shall  be  entitled  to 
receive  from  the  funds  of  said  institution  one  hun- 
dred dollars.—  R.  s,  3040 

295.  All  clergymen  can  impart  religious  instruc- 
tion.    Equal  privileges  shall  be  granted  to  clergy- 
men of  all  religious  denominations    to    impart    re- 
ligious instruction  to  the  inmates  of  said  industrial 
school,  and  every  opportunity  shall  be  allowed  such 

327 


§§296-297      STATE  EDUCATIONAL  INSTITUTIONS 

clergymen  to  give  to  the  inmates  belonging  to  their 
respective  denominations  such  religious  and  moral 
instruction  as  said  clergymen  may  desire,  and  the 
board  of  control  shall  prescribe  reasonable  times  and 
places,  not  inconsistent  with  the  proper  management 
of  said  school,  when  and  where  such  instruction 
may  be  given,  and  all  such  instruction  shall  be  open 
to  all  who  may  choose  to  attend.—  R.  8.  3044 

FOR   GIRLS 

296.  Industrial  school  established.     That  there 
is  hereby  established  at  or  near  Denver,  Colorado, 
"The  State  Industrial  School  for  Girls."— R.  s.  3046 

297.  Board    of    control — appointment — term — 
vacancies — superintendent.    The  general  supervision 
and  control  of  said  institution  shall  be  vested,  as  at 
present,   in   a  board   of   control,   consisting   of   five 
members,  three  of  whom  shall  be  women.  The  board, 
excepting    as    hereinafter    provided,    shall    be    ap- 
pointed by  the  governor,  by  and  with  the  advice 
and  consent  of  the  senate  during  the  session  of  the 
general   assembly,   and   the  term  of  office   of  each 
member  thereof  shall  be  five  years,   or  until  their 
successors   shall   be   appointed   and   qualified,   their 
respective  terms  of  office  to  be  designated  in  their 
several  appointments;   and  whenever   any  vacancy 
shall  occur  in  said  board,  by  death,  resignation,  or 
otherwise,  the  governor  shall  fill  the  same  by  ap- 
pointment, and  the  appointee  shall  hold  only  during 
the  unexpired  term  of  the  person  whose  place  he  or 
she  is  appointed  to  fill.     One  member  of  said  board 
shall  be  appointed  by  the  governor  as  aforesaid  dur- 
ing the  session  of  the  present  general  assembly,  and 
every  year  thereafter  there  shall  be  one  member  ap- 

328 


STATE  EDUCATIONAL  INSTITUTIONS       §§298-299 

pointed  to  take  the  place  of  the  outgoing  member. 
The  board  shall  choose  some  suitable  woman  to  act 
as  general  superintendent,  who  shall  hold  her  office 
during  the  pleasure  of  the  board. — R.  S.  3047 

298.  County   liable   for   maintenance — monthly 
statement  rendered.     That  county  from  which  any 
girl  committed  to  the  state  industrial  school  for  girls 
shall  be  sent  shall  be  liable  for  the  expense  attend- 
ing the  safekeeping,  care,  maintenance  and  instruc- 
tion of  such  girl  until  she  shall  have  been  finally 
discharged  by  the  board  of  control  of  said  school, 
and  shall  pay  for  the  same  the  sum  of  fifty  cents  per 
day  for  each  girl  so  sent  until  such  final  discharge. 
At  its  first  meeting  in  every  month  the  board  of 
control  of  such  state  industrial  school  for  girls  shall, 
prepare  and  transmit  to  the  respective  boards   of 
county  commissioners  of  the  several  counties  liable 
for  such  safe-keeping,  care,  maintenance  or  instruc- 
tion, a  certificate  showing  in  detail  the  persons  on 
whose  account  such  expense  was  incurred,  the  amount 
due  on  account  of  each  such  person  respectively  for 
the  month  preceding,  and  the  said  board  of  commis- 
sioners shall  allow  the  said  sum  so  certified  against 
their  respective  counties,  and  shall  pay  the  same  in 
cash   to   the   state   industrial   school   for    girls,   the 
smiic  MS  any  other  current  expense  of  said  county. 
— R.  S.  3049 

299.  Powers  of  board.     The   members   of  said 
board  of  control  shall  constitute  a  body  corporate 
under  the  name  and  style  of  "The  Board  of  Control 
of  the  State  Industrial  School  for  Girls,"  with  the 
right  to  own  and  hold  property,  real,  personal  and 
mixed ;  to  sue  and  be  sued ;  and  of  making  and  using 

329 


§§300-303      STATE  EDUCATIONAL  INSTITUTIONS 

a  common  seal  and  of  altering  the  same  at  pleasure. 
—R.  8.  3051 

300.  Board  receive  all  persons  committed.     It 
shall  be  the  duty  of  the  board  of  control  to  receive, 
to  the  extent  of  the  means  placed  at  its  disposal,  and 
of  the  accommodations  afforded  by  the  buildings  and 
grounds  belonging  to  said  school,  all  persons  com- 
mitted to  its  care  and  guardianship,  under  the  pro- 
visions of  this  act ;  and  to  keep  such  persons  during 
their  minority,  or  until  discharged  by  law,  or  under 
the  rules  of  said  board  of  control. — R.  8.  3053 

301.  Under  control  of  board.    Each  and  every 
girl  who  shall  be  legally  committed  to  said  school, 
as  provided  in  this  act,  shall  be  clothed,  fed,  dis- 
ciplined, instructed,  employed  and  governed  under 
the  direction  of  the  board  of  control  of  said  school, 
until  she  either  be  reformed  and  discharged  accord- 
ing to  the  rules  to  be  adopted  by  said  board  of  con- 
trol, or  until  she  shall  have  arrived  at  the  age  ol 
twenty-one  years.—  R.  8.  3054 

302.  Regulations    established   by   board.     The 
board  of  control  shall  make  such  regulations  in  re- 
gard to  the  food,  clothing  and  bedding  of  the  in- 
mates as  the  health  and  circumstances  of  each  may 
require;  but  all  rations,  clothing  and  bedding  shall 
be  plain  and  of  good  quality,  and  in  sufficient  quan- 
tity for  the  sustenance  of  the  health  and  well-being 
of  the  inmates.—  R,  8.  3055 

303.  Rules  established  by  board.    It  shall  be  the 
duty  of  said  board  of  control,  to  prepare  and  adopt 
from  time  to  time  rules  and  regulations  for  said  in- 
stitution, for  the  government  of  the  inmates  of  the 
same,  looking  to  their  moral,  physical,  intellectual, 
social  and  industrial  training.     Domestic  industries 

330 


STATE  EDUCATIONAL  INSTfTUTlONS       §§304-306 

shall  take  precedence  of  trades,  and  there  shall  be 
a  thorough  education  in  every  branch  of  household 
work.—/?.  8.  3056 

304.  Credit  for  good  behavior.     The  board  of 
control  shall,  under  a  system  of  marks,  or  otherwise, 
fix  upon  a  uniform  plan  under  which  it  shall  deter- 
mine  what   number   of  marks   or   credits   shall   be 
earned  by  each  girl,  sentenced  under  the  provisions 
of  this  act,  as  the  condition  of  increased  privileges, 
or  of  release  from  its  control,  which  system  shall  be 
subject  to  revision  from  time  to  time.     Each  girl 
sentenced  to  said  school  shall  be  credited  for  good 
personal  demeanor,   diligence  in  labor  and   study, 
and  for  results  accomplished,  and  be  charged  for 
dereliction,  negligence  and  offenses.—  R.  s.  3058 

305.  Marks  of  credit.   The  board  of  control  shall 
establish  rules  and  regulations  by  which  the  stand- 
ing of  each  girl's  gain  of  marks  or  credits  shall  be 
made  known  to  her  as  often  as  once  a  month,  and 
oftener  if  she  shall  at  any  time  request  it,  and  may 
make  provisions  by  which  any  girl  may  see  and  con- 
verse with  the  said  board    during    every    meeting 
thereof  .—R.  s.  3059 

306.  Release  of  girls.     When  it  appears  to  said 
board  that  there  is  a  strong  or  reasonable  probabil- 
ity that  any  girl  in  said  school  will  live  and  remain 
at  liberty  without  violating  the  law,  and  that  her 
release  is  not  incompatible  with  the  welfare  of  so- 
ciety, or  detrimental  to  her  own  good,  then  it  shall 
issue  to  such  girl  an  absolute  rel'ease  from  confine- 
ment; Provided,  That  nothing  herein  contained  shall 
be  construed  to  impair  the  power  of  the  governor  to 
grant  a  pardon  in  any  case. — R.  8.  3060 

331 


§§307-310      STATE  EDUCATIONAL  INSTITUTIONS 

307.  Girls  may  be  placed  in  homes.    It  shall  be 
lawful  for  said  board  of  control  to  place  in  the  care 
of  any  resident  of  this  state,  who  is  the  head  of  a 
family  and  of  good  moral  character,  any  of  the  said 
girls  in  said  school,  on  such  conditions  and  with  such 
stipulations  as  the  board  may  establish. — R.  8.  3061 

308.  Superintendent — duties.     The  superintend- 
ent,  under   the   direction   and   management   of   the 
board,  shall  have  general  supervision  of  said  insti- 
tution. —R.  8.  3065 

309.  Superintendent  keep   daily  journal.     The 
superintendent  shall  keep  a  daily  journal  of  the  pro- 
ceedings of  the  institution,  in  which  she  shall  note 
every  infraction  of  the  rules  by  any  officer,  teacher, 
or  employe  thereof,  which  shall  come  to  her  knowl- 
edge, and  make  memorandum   of  every   complaint 
made  by  any  girl  of  cruel  or  unjust  treatment  from 
her  overseer,  or  other  officer  of  the  institution,  or 
the  want  of  good  and  sufficient  food  or  clothing,  and 
also  any  infraction  of  the  rules  by  any  inmate,  nam- 
ing her,  and  specifying  the  offense,  and  also  what 
punishment,  and  the  extent  thereof,  was  awarded; 
which  journal  shall  be  laid  before  the  board  of  con- 
trol at  every  stated  meeting  and  at  every  special 
meeting  when  demanded. — .R.  $.  3067 

310.  Register    of    girls — contents.      When    any 
girl    shall    be    received  in  said  school,  the  super- 
intendent shall  cause  to  be  entered    in    a    register 
the  date  of  such  commitment,  the  name,  age,  nativ- 
ity,  nationality,   and  such   other  facts   as  may   be 
ascertained    of    parentage,    early    associations,    in- 
fluences, etc.,  as  may  seem  to  indicate  the  constitu- 
tional and  acquired  defects  and  tendencies  of  such 

332 


STATE  EDUCATIONAL  INSTITUTIONS       §§311-313 

girl,  and  base  upon  these  an  estimate  of  the  then 
present  condition  of  such  girl,  and  the  best  prob- 
al>le  plan  of  treatment  and  classification  of  said 
girl ;  and  she  shall  also  enter  upon  such  register, 
quarterly^  or  oftener,  minutes  of  the  observed  im- 
provement or  deterioration  of  character,  and  nota- 
tions as  to  the  methods  and  treatment  employed; 
also  all  orders  or  alterations  affecting  the  standing 
or  situation  of  such  girl ;  the  circumstances,  if  final- 
ly released,  and  any  subsequent  facts  of  the  per- 
sonal history  which  may  be  brought  to  the  knowl- 
edge of  the  superintendent. — R.  S.  3070 

311.  Abstract  of  record  of  each  girl.     An  ab- 
stract  of  the   record  in  the   case   of  each   girl   re- 
maining under  the  control  of  the  said  board  of  con- 
trol shall  be  made  semi-annually,  considered  by  the 
said  board  of  control  at  a  regular  meeting,  and  to  be 
filed  with  the  governor;  each  abstract  shall  show 
the  date  of  commitment,  age,  the  present  situation, 
whether  in  school  or  elsewhere;  whether  any  and 
how  much  progress  has  been  made,  and  the  reasons 
for  release  or  continued  custody,  as  the  case  may  be. 
—If.  8.  3071 

312.  Parole  of  girls.    It  shall  be  lawful  for  the 
board  of  control,  whenever,  in  its  discretion,  it  may 
deem  any  one  of  the  girls  detained  in  said  institu- 
tion to  have  become  so  far  reformed  as  to  justify 
it,  to  parole  such  girl,  upon  such  conditions  as  to 
the  board  may  seem  advisable,  and  to  return  such 
girl  to  the  school  upon  a  violation  of  the  terms  of 
such  parole.—  R.  8.  3072 

313.  Incorrigible   girl   returned   home.     If  any 
girl   shall   absent   herself,   without  leave,   from   the 
person  to  whose  care  and  service  she  has  been  prop- 

333 


§§314-315      STATE  EDUCATIONAL  INSTITUTIONS 

erly  committed,  such  girl  may  be  forthwith  returned 
to  the  said  industrial  school  for  girls  without 
further  process,  and  shall  forfeit  all  credits  gained 
by  her  on  account  of  previous  good  conduct. 
—R.  8.  3073 

314.  Commitment  to  school — term.    When  any 
girl  under  the  age  of  eighteen  years  and  over  the  age 
of  six  years  shall  be  convicted  of  any  offense  known 
to  the  laws  of  this  state  and  punishable  by  fine  or  im- 
prisonment, or  both,  except  such  as  may  be  punish- 
able by  death  or  imprisonment  for  life,  the  court  be- 
fore whom  such  conviction  shall  be  had,  may,  at  its 
discretion,  sentence  such  girl  to  the  state  industrial 
school  for  girls,  or  to  such  punishment  as  is  now,  or 
may  hereafter  be,  prescribed  by  law  for  the  same 
offense.    All  commitments  to  the  state  home  and  in- 
dustrial school  for  girls  shall  be  for  the  term  of 
the  girl's  minority,  unless  she  shall  be  sooner  dis- 
charged by  law  or 'the  board  of  control,  as  herein- 
after provided,  and  whenever  any  girl  shall  be  dis- 
charged therefrom  as  reformed,   or  as  having  ar- 
rived at  the  age  of  twenty-one  years,  such  discharge 
shall  be  a  full  and  complete  release  from  all  penal- 
ties and  disabilities  which  may  have  been  created  by 
such  sentence. — R.  8.  3074 

315.  Jurisdiction  of  courts — summary  proceed- 
ings.   The  district  and  county  courts,  and  the  judges 
thereof,  in  their  respective  counties,  shall  have  ex- 
clusive original  jurisdiction  to  try  all  cases  arising 
under  the  provisions  of  this  act.     All  such  cases 
shall  be  summarily  tried  before  the   court,   or  the 
judge  thereof,  and  without  the  intervention   of  a 
jury,  unless  a  jury  shall  be  demanded;   except  in 
cases  of  high  misdemeanors  or  felonies,  the  cause 

334 


* 
STATE  EDUCATIONAL  INSTITUTIONS       §§316-318 

shall  bo  tried  by  a  jury,  as  provided  in  the  code  of 
criminal  procedure.—  R.  8.  3075 

316.  Peace  officers  arrest  girls  frequenting  pub- 
lic places.     All  peace  officers  in  any  city,  town  or 
county  in  this  state  are  empowered    to    arrest    all 
girls  habitually  wandering   around   the   streets   or 
public  places,  or  anywhere  beyond  the  proper  con- 
trol of  their  parents  or  guardian,  at  unseemly    or 
improper  hours.    The  girl  so  arrested  shall  be  taken 
before  the  court  or  judge  having  jurisdiction  of  the 
person,  as  provided  in  section  32  of  this  act,  and  if 
it  shall  appear  to  said  court  or  judge  that  the  said 
girl  is  incorrigible,  or  is  growing  up  in  habits  of 
vice  and  immorality,  such  girl  may  be  committed  to 
''The  state  industrial  school  for  girls."—  R.  8.  3076 

317.  Cause  of  commitment  certified  to  superin- 
tendent.   The  court  or  judge  by  whom  any  person  is 
committed  to  the  state  industrial  school  for  girls, 
under  the  provisions  of  this  act,  shall  certify  to  the 
superintendent    of    said    school    the    cause  of  such 
commitment,    embracing    all    important    facts    con- 
nected therewith,  and  the  age  of  all  persons  so  com- 
mitted, as  near  as  can  be  ascertained ;  the  age  so 
certified  shall  be  held  to  be  the  correct  age  of  such 
person  for  the  purposes  of  this  act. — R.  8.  3077 

318.  Commitment — return    of   girl   to    county. 
Any  girl  who  shall  be  convicted  of  an  offense  pun- 
ishable by  imprisonment    in    the    state    industrial 
school  for  girls  and  who,  upon  such  conviction,  shall 
be  sentenced  to  imprisonment  therein,  shall  be  im- 
prisoned according  to  this  act,  and  not  otherwise; 
and  the  courts  of  this  state  imposing  such  sentence 
shall  not  fix  or  limit  the  duration  thereof;  the  term 

335 


§319  STATE  EDUCATIONAL  INSTITUTIONS 

of  such  imprisonment  of  any  girl  so  convicted  and 
sentenced  shall  be  terminated  by  the  board  of  con- 
trol as  provided  in  this  act,  or  upon  said  girl  having 
attained  the  age  of  twenty-one  years;  Provided, 
That  the  board  of  control  shall  have  the  power,  and 
it  shall  be  its  duty,  to  return  any  girl  to  the  author- 
ities of  the  county  or  city  from  which  she  shall  have 
been  received,  whom  such  board  may  deem  to  be  an 
improper  subject  for  its  care  and  management,  or 
who  shall  be  found  to  be  incorrigible,  or  whose 
continuance  in  the  school  the  board  may  deem  pre- 
judicial to  the  management  or  discipline  thereof,  or 
who,  in  its  judgment,  for  any  other  cause,  should  be 
returned  from  said  school.  In  every  such  case  it 
shall  be  the  duty  of  said  board  of  control  to  trans- 
mit to  the  court  or  judge  by  whom  such  girl  was 
committed  to  the  school,  a  statement  of  the  reasons 
for  such  return,  and  it  shall  be  the  duty  of  the  au- 
thorities of  the  city  or  county  to  whom  such  girl 
shall  be  returned,  to  produce  said  girl  before  the 
court  or  judge  by  whom  she  was  committed,  or  the 
judge  succeeding  in  such  office,  as  soon  as  the  same 
can  reasonably  be  done,  and  such  court  or  judge 
shall  have  power  thereupon  to  make  such  order,  and 
have  such  proceedings'  as  would  have  been  legal  in 
the  first  instance  and  would  have  been  made  or  had 
in  case  such  girl  had  not  been  sent  to  the  state  in- 
dustrial school  for  girls.— R.  s.  3078 

319.  Girl  sentenced  not  confined  to  jail— appeal. 
No  girl,  after  sentence,  shall  be  confined  in  any 
county  or  city  jail,  but  the  officer  to  whom  the  writ 
of  commitment  shall  be  delivered  shall  forthwith 
convey  such  girl  to  the  state  industrial  school  for 

336 


STATE  EDUCATIONAL  INSTITUTIONS      §§320-321 

girls ;  Provided,  Nothing  in  this  act  shall  be  con- 
strued to  prevent  any  accused  person  from  taking 
••in  appeal  from  the  decision  of  any  court  or  judge, 
under  such  forms  as  are  now  or  may  hereafter  be 
prescribed  by  law.—  R.  S.  3081 

320.  Term  of  commitment.    All  commitments  to 
the  state  industrial  school  for  girls  shall  be  for  the 
term  of  the  girl's  minority,  which  shall  be  until  she 
shall  have  arrived  at  the  age  of  twenty-one  years. 
If,  through  oversight  or  otherwise,  any  person  be 
sentenced  to  imprisonment  in,  or  be  committed  to 
the   state   industrial  school  for  girls  for  a  definite 
period  of  time,  said  sentence,  or  term  of  commit- 
ment, shall  not  for  that  reason  be  void,  but  the  sen- 
tence or  commitment  of  such  girl  shall  be  until  she 
is  twenty-one  years  of  age,  and  the  girl  so  sentenced 
or  committed  shall  be  entitled  to  the  benefits  and 
subject  to  the  liabilities  of  this  act  the  same  as  if 
she  had  been  so  sentenced  or  committed  until  she 
was  twenty-one  years  of  age.—  R.  s.  3082 

321.  School  non-sectarian — all  clergymen  may 
impart  religious  instruction.    Equal  privileges  shall 
be  granted  to  the  clergymen  of  all  religious  denom- 
inations to  impart  religious  instruction  to  the   in- 
mates of  said  industrial  school  for  girls  and  every 
Opportunity  shall  be  allowed  such  clergymen  to  give 
to  the  inmates  belonging  to  their  respective  denom- 
inations such  religious  and  moral  instruction  as  said 
clergymen  may  desire,  and  the  board  of  control  shall 
prescribe  reasonable  times  and  places,  not  inconsist- 
ent with  the  proper  management    of    said    school. 
win-re  and  when  such  instruction  may  be  given,  and 
all  such  instruction  shall  be  open  to  all  who  may 
choose  to  attend.—  R.  8.  3083 

337 


STATE  NORMAL  SCHOOL 


322.    Establishment  of  state  normal  school.    A 

state  normal  school  is  hereby  established  at  or  near 
the  city  of  Greeley,  in  the  county  of  Weld  and  state 
of  Colorado,  the  purpose  of  which  shall  be  instruction 
in  the  science  and  art  of  teaching,  with  the  aid  of 
a  suitable  practice  department,  and  in  such  branches 
of  knowledge  as  shall  qualify  teachers  for  their  pro- 
fession; *  *  * — R.  8.  6125 


338 


STATE  TEACHERS  COLLEGE  OF  COLORADO 


323.  State  normal  at  Greeley —  also  known  as 
state  teachers'  college.     The  State  Normal  School  at 
Greeley,  Colorado,  also  shall  be  known  and  desig- 
nated as,  The  State  Teachers  College  of  Colorado. 
—8.  L.  '11,  p.  609 

324.  Trustees — corporate  powers — seal — make 
by-laws.     Said  school  shall  be  under  the  control  of  a 
board  of  six  trustees ;  the  said  board  shall  be  and  is 
hereby  declared  a  body  corporate  by  the  name  and 
style  of  "The  Trustees  of  the  State  Normal  School," 
and  as  such  and  by  its  said  name  may  hold  property 
for  the  use  of  said  school,  be  party  to  all  suits  and 
contracts,  and  do  all  things  thereto  lawfully  apper- 
taining in  like  manner  as  municipal  corporations  of 
this  state.    The  said  trustees  and  their  successors  in 
office  shall  have  perpetual  succession,  shall  have  a 
common  seal,  and  may  make  by-laws  and  regulations 
for  the  well  ordering  and  government  of  the  said 
corporation  and  its  business  not  repugnant  to  the 
constitution  and  laws  of  the  slate.— R.  8.  6129 

325.  Governor  appoint  trustees — term  of  office — 
oath  —  superintendent   of  public  instruction  mem- 
ber.— The  governor  shall,  upon  the  approval  of  this 
act,  appoint  by  the  advice  and  with  the  consent  of 
the  senate,  the  six  trustees  mentioned  and  provided 
in  this  act,  two  of  whom  shall  be  appointed  for  the 
term  of  two  years,  two  for  the  term  of  four  years 
and  two  for  the  term  of  six  years.     Their  terms  of 
office  shall  begin  from  their  appointment  and  quali- 
fication, and  shall  continue  for  the  period  for  which 
they  shall  be  so  appointed  and  until  their  successors 
are  appointed  and  qualified.    Every  two  years  after 


§§326-327      STATE  EDUCATIONAL  INSTITUTIONS 

the  first  appointment  aforesaid,  two  trustees  shall  b( 
appointed  in  like  manner  to  succeed  those  whose 
terms  are  first  thereafter  to  expire.  Every  trustee 
so  appointed  shall  take  and  subscribe  the  oath  of 
office  prescribed  by  the  constitution  of  this  state 
before  entering  upon  the  duties  of  his  office,  which 
oath  shall  be  placed  and  kept  on  file  in  the  office  of 
the  secretary  of  state.  The  superintendent  of  public 
instruction  shall  be,  ex  officio,  a  member  of  the  board 
of  trustees  of  the  said  state  normal  school. — R.  8.  6130 

326.  Part  of  public  school  system  —  apportion- 
ment of  funds — supervisory  powers  over.     Said  nor- 
mal school  is  hereby  constituted  an  integral  part  of 
the   public   school   system   of   this   state,   and   shall 
stand  upon  the  same  basis  as  to  apportionment  of 
state  school  funds  as  union  high  schools,  and  shall 
be  subject  as  such  to  the  general  supervisory  powers- 
vested  by  the  constitution  in  the  state  board  of  edu- 
cation.—.R.  8.  6132 

327.  Powers  of  trustees. — Subject  to  the  consti-; 
tutional  powers  of  the  state  board  of  education,  the 
trustees  of  the  state  normal  school  shall  have  the 
general  supervision  of  the  state  normal  school,  and 
the  control  and  direction  of  its  funds  and  the  appro- 
priations therefor.    They  shall  have  power  to  appoint 
a  faculty,  consisting  of  a  principal  and  assistant  prin- 
cipal, and  such  other  professors  as  may  be  required 
therein;  they  may  also  appoint  such  assistant  teach- 
ers as  are  found  necessary.     They  shall  also  have 
power  to  remove  said  principal  or  assistant  principal, 
or  any  professor,  teacher  or  employe  in  or  about  said 
school,  and  to  appoint  or  employ  another  or  others 
instead;  to  fix  the  salaries  of  each  and  to  prescribe 
their  several  duties.    They  shall,  with  the  advice  and 

340 


STATE  EDUCATIONAL  INSTITUTIONS      §§328-330 

consent  of  the  faculty, 'prescribe  the  various  books  to 
be  used  in  said  school,  the  courses  of  study  and  in- 
struction, which  in  no  case  shall  cover  a  period  of 
less  than  three  years,  and  shall  make  all  the  needful 
rules,  regulations  and  by-laws  for  the  good  govern- 
ment and  management  of  the  same. — R.  8.  6133 

328.  Qualifications  for  admission — examination 
— declaration.     The  said  board  of  trustees  shall  pre- 
scribe the  qualifications  for  admission  of  students  to 
said  normal  school.     Every  applicant  for  admission 
shall  undergo  an  examination  by  the  faculty  of  said 
school,  and  if  it  shall  appear  that  such  applicant  is 
not  a  person  of  good  moral  character,  or  fails  to  pass 
such  examination,  such  applicant  shall  be  rejected. 
Each  applicant,  except  as  hereafter  provided,  shall, 
prior   to   his   or   her   admission,   also   sign   and   file 
with  the  board  of  trustees  a  declaration  to  engage 
in  the  business  of  teaching  in  the  public  schools  of 
this  state.—  R.  8.  6139 

329.  Open  to  residents  of  state — other  persons — 
fees.     The  state  normal  school  shall  be  open,  subject 
to  its  regulations,  to  all  persons  resident  in  this  state, 
sixteen  years  of  age  and  upward,  without  charge  for 
tuition;  and  to  other  persons  under  such  regulations 
as  the  board  of  trustees  may  prescribe,  upon  payment 
of  a  rate  of  tuition  to  be  fixed  by  said  board,  and 
without   the   aforesaid   declaration   of   intention   to 
teach  in  the  public  schools  of  this  state,  said  board 
of  trustees  shall  also  fix  the  fees  for  admission  of 
pupils   to   the   practice    department   of  said    normal 
School.—  R.  8.  6140 

330.  Officers  of  board— duties— bond.    Tho  board 

of  trustees  shall  elect  from  amonii'  their  number,  at 
the  first  and  every  succeeding  annual  meeting  of  said 

341 


§  331  STATE  EDUCATIONAL  INSTITUTIONS 

board,  a  president,  who  shall  preside  at  all  meetings 
and  perform  such  duties  as  are  incumbent  upon  such 
office.  The  board  shall  also  elect  a  secretary,  who 
shall  not  be  a  member  of  the  board,  and  who  shall 
hold  office  for  the  term  of  one  year,  and  until  his  suc- 
cessor shall  be  elected  and  qualified.  The  said  secre- 
tary shall  give  bond  in  a  sum  to  be  fixed  by  the 
superintendent  of  public  instruction  for  the  faithful 
handling  and  true  accounting  and  delivery  of  all 
moneys  and  property  of  said  school  coming  to  his 
hands  or  control,  which  bond  shall  be  filed  with  the 
secretary  of  state,  after  approval  of  the  sureties 
thereon  by  the  said  board  of  trustees.  No  secretary 
elected  as  aforesaid  shall  receive  into  his  possession 
or  control  any  money  or  property  of  said  normal 
school  until  after  he  shall  have  executed  his  bond 
and  the  same  shall  have  been  approved  and  filed  as 
aforesaid.  The  state  treasurer  shall  be,  ex  officio, 
treasurer  of  the  state  normal  school. — R.  8.  6135 

331.  Diplomas — examination — graduation.  The 
state  normal  school  is  authorized  to  grant  diplomas 
to  such  students  as  shall  have  completed  the  full 
course  of  instruction  in  said  normal  school,  shall  have 
been  recommended  by  the  faculty,  and  shall  have 
passed  a  final  examination  upon  the  branches  em- 
braced in  the  prescribed  course  of  study ;  such  exami- 
nation to  be  conducted  by  the  examining  board,  con- 
sisting of  the  state  superintendent  of  public  instruc- 
tion, a  county  superintendent  of  schools  within  the 
state,  appointed  for  the  purpose  by  the  governor,  and 
the  principal  of  said  school.  Such  diploma,  when 
signed  by  the  members  of  said  examining  board  and 
the  president  and  secretary  of  the  board  of  trustees, 
shall  be  evidence  that  the  receiver  thereof  is  a  gradu- 

342 


STATE  EDUCATIONAL  INSTITUTIONS        §§  332-334 

nic  of  the  state  normal  school,  and  entitled  to  all  the 
honors  and  privileges  of  such  graduates. — R.  8,  6141 

332.  Diploma  license  to  teach — license  annulled. 
The  said  diploma  shall  license  the  receiver  thereof  to 
teach  in  any  of  the  public  schools  of  this  state  when 
a  certified  copy  thereof  shall  have  been  filed  in  the 
office  of  the  county  superintendent  of  schools  in  the 
county  wherein  such  graduate  is  teaching  or  proposes 
to  teach.    Such  license  may  be  annulled  by  the  state 
superintendent  of  public  instruction,  who  shall  give 
immediate  notice  thereof  to  the  several  county  super- 
intendents of  the  state,  and  such  license  may^be  sus- 
pended  in    any    county   by   the   superintendent    of 
schools  for  such  county,  pending  the  action  of  the 
superintendent  of  public  instruction.— .R.  S.  6142 

Normal   school   diploma. 

a.  A  state  normal  school  diploma  licenses  the  holder  to 
teach  in  the  public  schools  of  this  state  until  annulled  by 
the  state  superintendent  or  suspended  by  a  county  superin- 
tendent. It  is  evidence  of  a  vested  continuing  right  to  teach 
in  any  public  school  in  the  state,  and  cannot  be  superseded 
or  modified  by  any  mandate  or  order  of  a  school  board. — 
Nash  v.  School  Board,  49  C.  555 

Registration  of  normal  school  diploma. 

1.  The  law  requires  that  the  state  normal  school  diploma, 
held  by  one  who  is  to  teach  in  a  certain  county,  shall  be 
presented  to  the  county  superintendent  for  inspection  and 
registration  by  him,  and  until  this  is  done  the  teacher  is  not 
legally  a  teacher  in  the  county,  and  therefore  should  not 
receive  her  salary  until  she  has  fully  complied  with  the  law. 

333.  No  fee  for  diploma.    No  fee  shall  be  charged 
or  received  for  any  diploma  or  certificate  authorized 
by  this  act.— R.  S.  6143 

No  fee  for  registration. 

1.  No  law  authorizes  a  county  superintendent  to  charge 
a  fee  for  registering  a  certificate  issued  by  the  state  normal 
school. 

334.  Report  of  trustees — contents — verification. 
The  trustees  of  the  state  normal  school  shall  make 

343 


§334  STATE  EDUCATIONAL  INSTITUTIONS 

and  file  with  the  state  board  of  education,  on  or 
before  the  first  day  of  August  in  each  year,  a  report 
of  the  affairs  and  conduct  of  said  normal  school  dur- 
ing the  year  last  preceding  such  report.  Said  annual 
report  shall  be  made  upon  blanks  prepared  by  the 
superintendent  of  public  instruction,  approved  by 
the  state  board  of  education,  and  shall  include  the 
following,  viz. : 

First — The  number  of  students  enrolled  during 
the  preceding  year,  their  sex,  age,  residence  and 
place  of  birth. 

Second — The  attendance  each  day ;  the  average 
attendance  for  each  week  and  term,  and  during  the  • 
year;  the  number  of  days  the  school  was  taught  in 
the  year. 

Third — The  full  curriculum  of  instruction  in  said 
school;  the  classification  and  departments  thereof; 
the  branches  taught;  time  devoted  to  each;  text 
books  and  apparatus  in  use ;  number  of  books  in  the 
library ;  requirements  for  admission  and  graduation, 
with  dates  and  requirements  for  examinations. 

Fourth — The  number  of  students  in  each  depart- 
ment and  class ;  number  of  diplomas  granted,  and  to 
whom ;  number,  names  and  residence  of  graduates ; 
number  of  suspensions  and  expulsions,  and  cause  of 
same. 

Fifth — The  names  and  number  of  teachers  in  each 
class  and  department,  length  of  time  each  has  been 
employed,  and  salary  paid  to  each. 

Sixth — Names,  individual  employment  and  num- 
ber of  all  other  employes  in  and  about  the  school, 
with  rate  and  amount  of  wages  paid  to  each. 

Seventh — A  full  financial  statement,  classified  and 
itemized,  of  the  business  department  of  the  school 

344 


STATE  EDUCATIONAL  INSTITUTIONS      §§335-336 

and  corporation,  covering  receipts  and  expenditures 
from  and  by  all  sources,  and  in  such  form  as  to  show 
the  average  cost  of  the  school  per  month  for  each 
pupil,  and  in  gross  for  the  year;  cash  on  hand  or 
dciif.it  at  the  beginning  and  end  of  year. 

Eighth — An  estimate  of  necessary  expenditures, 
ordinary  and  special,  for  the  next  ensuing  year. 

Ninth — Such  other  particulars  as  the  said  board 
of  education  may  require,  necessary  to  a  fair  and 
complete  showing  and  fair  understanding  of  all  the 
affairs  of  said  normal  school. 

Said  report  shall  be  signed  by  the  president  and 
secretary  of  the  said  board  of  trustees,  and  veri- 
fied by  the  oath  of  one  or  more  of  their  number. 
—R.  8.  6138 

NORMAL   SCHOOL   AT  GUNNISON 

335.  School  established  at  Gunnison.     A  State 
Normal  School  is  hereby  established  at  the  city  of 
Gunnison,  in  the  county  of  Gunnison  and  state  of 
Colorado,  the  purpose  of  which  shall  be  instruction 
in  the  science  and  art  of  teaching,    and    in    such 
branches  of  knowledge  as  shall  qualify  teachers  for 
their  profession  ;  — R.  S.  6144 

336.  Management  of  school.    Upon  the  comple- 
tion of  said  (Gunnison  Normal  School)  building,  the 
same  shall  by  said  trustees  be  turned  over  and  de- 
livered to  the  trustees  of  the  State  Normal  School 
at  Creel cy.  and  thereafter  said  school  buildings  and 
premises  shall   form   a  part  of  the   Normal  School 
svslem  ol'  the  slale.  and  shall  be  controlled  and  man- 
aged under  the  same  laws  and  by  the  same  board  of 
trustees   as  have  charge  of  the  Normal  School  at 
Greeley.—  8.  L.  '09,  p!  195 

345 


SCHOOL  OF  MINES 


337.  Located  at  Golden.     The  state  school  of 
mines,  located  at  Golden,  in  the  county  of  Jefferson, 
is  hereby  declared  to  be  a  body  corporate  under  the 
name  of,  "School  of  Mines,"  and  by  that  name  may 
sue  and  be  sued ;  may  take  and  hold  real  and  per- 
sonal property  by  gift,  bequest,  devise,  or  purchase 
for  the  state ;  and  may  sell  and  dispose  of  the  same 
when  authorized  so  to  do  by  law.—  R.  s.  6015 

338.  Board  of  trustees — term.    There  shall  be  a 
board  of  trustees  of  said  school  of  mines,  to  be  com- 
posed of  five  persons,  who  shall,  except  as  herein- 
after provided,  hold  their  office  for  a  period  of  four 
years  and  until  their  successors  are  appointed  and 
qualified.    *    *    *  —  R.  s.  6016 

339.  Control — management.    The  said  board  of 
trustees  shall  have  the  control  and  management  of 
the  said  school  of  mines,  and  of  the  property  belong- 
ing thereto,  subject  to  the  laws  of  this  state,  and 
may  make  all  needful  by-laws  and  regulations  for 
the  government  of  said  board,  and  for  the  manage- 
ment and  government  of  said  school  of  mines,  not 
inconsistent  with  the  laws  of  this  state.—  R.  s.  6018 

340.  Instruction  provided  for.    The  said  school 
of  mines  shall  have  for  its  object,  to  furnish  such  in- 
struction as  is  provided  for  in  like  technical  schools 
of  a  high  grade,  and  may,  by  its  board  of  trustees, 
confer  all  degrees  appropriate  to  the  courses  of  study 
pursued.  — R.  8.  6019 

Trustees  cannot  issue  diploma  except  through  faculty. 

a.     The  board  of  trustees  of  the  school  of  mines  has  no 
authority  to  issue  a  diploma  to  a  student  of  the  school  except 

'  346 


§§341-342      STATE  EDUCATIONAL  INSTITUTIONS 

when  required  to  da  so  by  the  school,  speaking  through  its 
faculty.  Mandamus  will  not  lie  to  compel  the  trustees  to 
issue  such  diploma  where  the  student  has  failed  to  pass  the 
examination  required  by  the  faculty,  although  the  failure 
may  be  chargeable  to  the  wrongful  conduct  of  the  faculty. — 
Stcinhauer  v.  Arkins,  18  C.  A.  49 

341.  School  open  to  all.     The    said    school    of 
mines  shall  be  open  and  free  for  instruction  to  all 
bona  fide  residents  of  this  state,  without  regard  to 
sex  or  color,  and  with  the  consent  of  said  board,  stu- 
dents from  other  states  or  territories  may  receive 
education  thereat  upon  such  terms  and  at  such  rates 
of  tuition  as  the  board  may  prescribe. — R.  8.  6021 

342.  Governor  appoints  trustees  with  consent  of 
senate.    The  Governor  of  this  state,  with  the  advice 

d  consent  of  the  Senate,  shall,  at  each  regular  ses- 
sion of  the  general  assembly  to  be  held  "after  the 
year  1877,  by  appointment,  fill  all  vacancies  in  said 
board  of  trustees  occurring  either  by  expiration  of 
their  term  of  office  or  otherwise ;  and  any  vacancy 
occurring  in  such  board  when  the  general  assembly 
is  not  in  session  may  be  temporarily  filled  by  the 
Governor  until  the  next  meeting  of  the  general  as- 
sembly; Provided,  That  at  all  times,  at  least  one 
member  of  said  board  of  trustees  shall  be  a  graduate 
of  said  school  of  mines  upon  whom  a  degree  has 
been  conferred  by  its  board  of  trustees  not  less  than 
ten  years  prior  to  his  appointment.— S.  L.  '09.  p.  501 


347 


STATE  HOME  FOR  DEPENDMENT  AND  NEG- 
LECTED CHILDREN. 


343.  State  home  established.      There    shall    be 
established  in   or  near   Denver,   in   this   state,   and 
maintained  by  the  state,  an  institution  which  shall 
be  known  as  the  state  home,  and  it  shall  be  for  a 
home  for  the  children  of  sound  mind  and  body  under 
sixteen  years  of  age,  who  are  dependent  on  the  pub- 
lic for  support ;  Provided,  That  the  board  of  control 
of  said  home  shall  have  authority  to  admit,  in  their 
discretion,  any  child  dependent  or  neglected,  regard- 
less of  its  physical  condition.—  R.  8.  568 

344.  Board    of    control  —  appointment  —  term. 
The  general  supervision   and   government    of    said 
home  shall  be  vested  in  a  board  of  control,  to  con- 
sist of  five  members,  who  shall  be  appointed  by  the 
governor;  the  members  of  which  board  shall  hold 
their  offices  for  the  respective  terms  of  one  for  two, 
two  for  four,  and  two  for  six  years,  from  the  first 
Wednesday  of  April,  1895,  and  until  their  successors 
shall  be  appointed  and  qualified;  no  more  than  two 
of  whom  shall  belong  to  the  same  political  party, 
and  at  least  two  of  whom,  shall  be  women;  said  re- 
spective terms  of  office  to  be  designated  in  their  re- 
spective  appointments;   and   thereafter  there   shall 
be  one  member  of  said  board  appointed  every  six 
years,  commencing  first  Wednesday  in  April    *    *    * 
by  the  governor,  whose  term  of  office  shall  continue 
for  six  years,  or  until  his  or  her  successor  is  ap- 
pointed and  qualified  — R.  8.  569 

345.  Object   of  home — dependent   children  re- 
ceived— guardianship.     The  object  of  this  act  is  to 

348 


STATE  EDUCATIONAL  INSTITUTIONS  §346 

provide  a  temporary  home  for  dependent  and  neg- 
lected children,  in  said  home,  where  they  shall 
he  retained  only  until  they  can  be  placed  in  family 
homes ;  Provided,  That  in  the  discretion  of  the  board 
the  child  may  be  retained  as  long  as  its  best  in- 
terests may  require  in  said  home.  There  shall  be 
received  into  said  home  those  children  who  have 
been  declared  to  be  dependent  on  the  public  for  sup- 
port, as  herein  provided,  and  they  shall  be  retained 
therein  until  they  are  sixteen  years  of  age,  unless 
they  shall  before  that  age  be  sent  out  as  herein  pro- 
vided. The  said  board  may,  in  their  discretion,  re- 
tain any  children  in  said  home  after  they  shall  be- 
come sixteen  years  of  age,  when  they  shall  deem 
such  course  for  the  best  interest  of  such  children. 
The  said  board  are  hereby  made  the  legal  guardians 
of  the  persons  and  estates  of  all  children  admitted 
to  said  home  pursuant  to  law;  which  guardianship 
shall  continue  during  the  minority  of  such  children, 
except,  in  the  cases  where,  under  this  act,  the  guar- 
dianship may  be  cancelled  by  resolution  adopted  by 
said  board.—  R.  8.  572 

346.  Children  placed  in  private  homes — contract 
of  apprenticeship.  The  said  board  are  authorized, 
and  it  shall  be  the  duty  of  said  board  of  control, 
to  use  special  diligence  in  placing  the  children  ad- 
mit ted  to  said  home  in  suitable  family  homes,  which 
shall  be  approved  as  herein  provided,  on  written 
contracts  to  remain  until  they  are  twenty-one  years 
of  age.  *  *  *  Such  contracts  shall  provide  for 
the  education  of  the  children  in  the  public  schools 
where  they  reside  at  least  six  months  in  each  year ; 
for  teaching  them  some  useful  occupation;  for  kind 

349 


§347  STATE  EDUCATIONAL  INSTITUTIONS 

and  proper  treatment  as  members  of  the  families 
where  placed,  and  for  the  payment  on  the  term- 
ination of  the  contract,  to  said  board,  for  the  use 
and  benefit  of  said  children,  such  sum  of  money  as 
shall  be  named  in  the  contract;  Provided,  however, 
That  in  the  discretion  of  said  board,  in  the  case  of 
children  not  on  indenture  and  over  sixteen  years  of 
age,  such  contract  may  provide  only  for  wages  to 
be  paid  to  the  child  or  to  said  board  for  the 
benefit  of  the  child  and  for  kind  and  proper  treat- 
ment. Every  such  contract  shall  contain  a  clause 
reserving  the  right  to  said  board  to  cancel  the  same 
whenever  they  may  deem  that  the  interests  of  the 
child  require  it,  and  may  also  contain  a  clause  au- 
thorizing the  person  taking  the  child  to  cancel  the 
same  at  any  time,  within  sixty  days  from  the  date 
of  the  contract,  on  returning  the  child  to  the  home 
free  of  expense  to  said  home.  All  moneys  earned  by 
said  child  or  received  from  an  indenture  contract 
shall  be  turned  over  to  said  child  when,  for  any 
reason,  the  guardianship  of  the  board  shall  cease. 

—R.  8.  573 

347.  Guardianship  cease  when  ward  becomes 
self-supporting — classes  of  children  returned  to 
counties.  Whenever  any  ward  of  said  board  who  is 
not  indentured  has  become  self-supporting,  the  said 
board  may,  at  their  discretion,  so  declare  the  fact 
by  resolution,  and  thereupon  said  guardianship  shall 
cease  and  the  child  shall  thereafter  be  entitled  to  its 
own  earnings.  Whenever  one  or  both  -of  the  parents 
of  any  ward  of  said  board,  who  is  not  indentured, 
have  become  able  to  support  the  child  and  educate 
it,  the  child  may  by  resolution  adopted  by  said 
board  be  restored  to  its  parents,  in  which  case  the 

350 


STATE  EDUCATIONAL  INSTITUTIONS  §347 

suitableness  of  the  home  shall  be  certified  in  the 
manner  herein  provided  for  placing  children  on  in- 
denture, and  thereupon  the  guardianship  of  said 
board  shall  cease.  The  said  board  are  authorized 
to  return  to  the  counties  from  which  they  were  sent 
the  following  classes  of  children : 

First — Those  who  have  become  sixteen  years  of 
age,  and  who  for  any  reason  cannot  be  placed  or  re- 
tained in  a  family  home. 

Second — Those  who  by  reason  of  vicious  habits 
or  incorrigibility  cannot  be  placed  or  retained  in 
family  homes. 

Third — Those  who,  in  the  opinion  of  said  board, 
based  on  the  certificate  of  the  physician  of  said 
home,  are  of  unsound  mind  or  body,  or  who  have 
same  serious  physical  disability  which  prevents 
their  being  placed  in  family  homes  or  learning 
trades.  Whenever  any  child  shall  be  ordered  by 
said  board  to  be  returned  to  its  county,  as  herein 
provided,  the  guardianship  of  said  board  shall  cease, 
and  the  child  shall  thereupon  again  become  a  charge 
on  the  county  from  which  it  was  sent ;  and  the  su- 
perintendent of  said  home,  in  returning  any  child  to 
its  county,  shall  report  in  writing  to  the  county  com- 
missioners of  the  proper  county  the  action  of  said 
board  and  the  reasons  therefor.—  R.  8.  574 


351 


STATE   HOME   AND    TRAINING   SCHOOL    FOR 
MENTAL    DEFECTIVES 


348.  Establish  home.    There  is  hereby  established 
the  state  home  and  training  school  for  mental  de- 
fectives.    The   essential   object   of  said   school   and 
home  shall  be  the  mental,  moral,  physical  education 
and  training  of  feeble-minded  children  and  the  treat- 
ment and  care  of  persons  so  mentally  defective  as  to 
be  incompetent  to  care  for  themselves  or  their  prop- 
erty.— 8.  L.  '09,  p.  180 

349.  Management  of  state  home.     The  manage- 
ment of  the  said  state  home  and  training  school  for 
mental  defectives  shall  be  under  the  supervision  of  a 
board  of  three  commissioners,  who  shall  be  residents 
and  electors  of  the  state  of  Colorado,  who  shall  have 
full  control  thereof,  as  hereinafter  provided.     The 
board  of  commissioners  shall  be  appointed  by  the 
governor,  by  and  with  the    consent    of   the    senate, 
*    *    *    and  not  more  than  two  of  the  commissioners 
shall  be  of  the  same  political  party;  each 
commissioner  shall  be  appointed  for  the  term  of  six 
years.     The   governor  shall  have  the  power  of  re- 
moval  of  any   commissioner  for   cause,   specifically 
stated.     *     *  '  *  —8.  L.  '09,  p.  180 

350.  Superintendent  —  matron  —  appointment. 
Within  ninety  days  after  appointment,  the  commis- 
sioners shall,   with  the   approval   of   the   governor, 
appoint  a  superintendent,  who  shall  be  a  skilled  phy- 
sician, who  has  had  not  less  than  two  years'  expe- 
rience in  a  similar  institution,  he  shall  be  competent 
to  direct  the  medical,  hygienic,  educational  and  in- 
dustrial interests   of  said  state  home  and  training 

352 


STATE  EDUCATIONAL  INSTITUTIONS  §351 

school;  he  shall  reside  at  the  state  home  and  training 
school,  and  shall  have  a  general  supervision  over  its 
affairs.  Said  board  of  commissioners  shall 

in  like  manner  appoint  a  matron,  who  shall  be  an 
assistant  to  the  superintendent,  especially  in  the 
caring  for  females  admitted  to  said  state  home  and 
training  school,  she  shall  have  had  at  least  one 
year's  experience  in  a  similar  institution,  and  shall 
reside  permanently  at  said  state  home  and  training 
school.  The  superintendent  shall,  with  the 

approval  of  the  commissioners,  appoint  such  office 
assistants,  teachers,  attendants,  foremen  and  other 
employes,  who  shall  be  residents  and  electors  of  the 
state  of  Colorado,  as  may  be  required  from  time  to 
time.  *  *  *  —  8.  L.  '09,  p.  181 

351.  Who  admitted  to  state  home.  There  shall 
be  admitted  to  the  state  home  and  training  school, 
feeble-minded  persons  incapable  of  receiving  instruc- 
tion in  the  public  schools,  also  epileptics  and  feeble- 
minded adults  unable  to  care  for  themselves  or  their 
property;  providing,  that  the  applicant,  or  his  legal 
guardian  shall  be  a  bona  fide  resident  of  Colorado. 
When  parents,  or  feeble-minded  persons,  are  able  to 
pay  the  whole  or  any  part  of  the  maintenance  it  shall 
be  required  of  them.  There  may  be  admitted  from 
other  states  and  territories  feeble-minded  persons; 
provided,  that  after  all  Colorado  applicants  are  cared 
for  there  shall  be  room,  and  provided,  that  such  non- 
resident applicants  shall  not  be  afflicted  with  tuber- 
culosis or  other  contagious  diseases,  and  provid- 
ing, that  the  entire  expense,  including  room  rent, 
board  and  training  shall  be  paid  by  the  parents, 
slate  or  territory  making  such  application.  *  *  * 
— 8.  L.  '09,  p.  182 

353 
12 


TRUANT  SCHOOLS 


352.  Truant  schools  to  be  established — in  what 
cities.     That  in  cities  having  a  population  of  100,000 
inhabitants  or  more,  there  shall  be  established,  main- 
tained and  conducted  within  two  years  from  the  date 
of  taking  effect  of  this  act,  one  or  more  parental  or 
truant  schools  for  the  purpose  of  affording  a  place  of 
confinement,  discipline,  instruction  and  maintenance 
of  children  of  compulsory  school  age  who  may  be 
committed  thereto  in  the  manner  hereinafter  pro- 
vided.—ft.  8.  5978 

353.  Sites — location — furniture — fixtures — no  in- 
crease of  levy.     For  the  purpose  of  establishing  such 
school  or  schools,  sites  may  be  purchased  and  build- 
ings constructed  or  premises  rented  in  the  same  man- 
ner as  is  provided  for  in  the  case  of  public  schools  in 
such  cities ;  but  no  such  school  shall  be  located  at  or 
near  any  penal  institution. 

And  it  shall  be  the  duty  of  the  board  of  education 
to  furnish  such  schools  with  such  furniture,  fixtures, 
apparatus  and  provisions  as  may  be  necessary  for  the 
maintenance  and  operation  thereof;  Provided,  That 
nothing  in  this  act  shall  be  construed  to  permit  an 
increase  of  the  levy  for  school  purposes  beyond  the 
limit  fixed  by  law.— R.  8.  5979 

354.  Officers — course  of  instruction.     The  board 
of  education  may  also  employ  a  superintendent  and 
all  other  necessary  officers,  agents  and  teachers ;  and 
shall   prescribe   the   methods   of   discipline   and   the 
course  of  instruction ;  and  shall  exercise  the  same 

354 


STATE  EDUCATIONAL  INSTITUTIONS      §§355-356 

powers  and  perform  the  same  duties  as  is  pre- 
scribed by  law  for  the  management  of  other  schools. 
— R.  8.  5980 

355.  No  religious  instruction  in  school — religious 
training.     Xo  religious  instruction  shall  be  given  in 
such    school,    except    such    as    is    allowed   by    law 
to  be  i>'ivcM  in  public  schools;  but  the  board  of  educa- 
tion shall  make  suitable  regulation  so  that  the  in- 
mates may  receive  religious  training  in  accordance 
with  the  belief  of  the  parents  of  such  children,  either 
by  allowing  religious  services  to  be  held  in  the  insti- 
tution or  by  arranging  for  attendance  at  public  serv- 
ice elsewhere.—  R.  8.  5981 

Directors  determine  use  of  Bible  in  school. 

1.  Neither  the  constitution  of  the  state  nor  the  statutes 
touch  directly  the  reading  of  the  Bible  or  prayer  or  any 
other  form  of  religious  or  devotional  exercises,  except  to  for- 
bid  that  observance  or  participation  shall  be  compulsory. 
The  spirit  of  the  constitution  permits  religious  exercises  in 
school  if  nothing  sectarian  is  introduced  and  the  trustees  do 
not  object.    The  laws  of  the  different  states  bearing  on  this 
point  differ.     In  Iowa  "neither  the  electors,  the  board  of 
directors  nor  the  sub-directors  can  exclude  the  Bible  from 
any  school  in  the  state."     In  Missouri,  on  the  other  hand, 
"directors  may  compel  the  reading  of  the  Bible."    In  Dakota 
"the  Bible  may  be  read  in  school  not  to  exceed  ten  minutes 
daily,  without  sectarian  comment."    The  Cincinnati  board  of 
education  forbade  the  reading  of  the  Bjble   in  the  public 
schools  of  that  city.     In  1873  the  supreme  court  of  Ohio 
reversed   this   judgment,   and    sustained   the   board,   saying 
"that  the  management  of  the  public  schools,  being  under  the 
exclusive  control  of  directors,  trustees  and  boards  of  educa- 
tion, it  rested  with  them  solely  to  determine  what  instruc- 
tion should  be  given  and  what  books  should  be  read  therein." 

2.  The  law  of  Colorado  does  not  specify  concerning  the 
reading  of  the  Bible  in  the  public  schools,  the  school  boards 
of  the  state  having  the  right  to  specify  as  to  what  shall  be 
the  practice  in  the  matter. 

356,  Habitual  truant — petition  to  county  court. 

Il  shall  be  the  duty  of  any  truant  officer  or  agent  of 

355 


§357  STATE  EDUCATIONAL  INSTITUTIONS 

such  board  of  education  to  petition,  and  any  repu- 
table citizen  of  the  city  may  petition  the  county  court 
of  the  county  to  inquire  into  the  case  of  any  child 
of  compulsory  school  age  who  is  not  attending  school, 
or  who  has  been  guilty  of  habitual  truancy,  or  of 
persistent  violation  of  the  rules  of  the  public  schools, 
and  the  petition  shall  also  state  the  names,  if  known, 
of  the  father  and  mother  of  such  child,  or  the  sur- 
vivor of  them;  and  if  neither  father  nor  mother  of 
such  child  is  living,  or  cannot  be  found  in  the  county, 
or  if  their  names  cannot  be  ascertained,  then  the 
name  of  the  guardian,  if  there  be  one  known,  and  if 
there  be  a  parent  living  whose  name  can  be  ascer- 
tained, or  a  guardian,  the  petition  shall  show  whether 
or  not  the  father  or  mother  or  guardian  consents  to 
the  commitment  of  such  child  to  such  parental  or 
truant  school.  Such  petition  shall  be  verified  by  oath 
upon  the  belief  of  the  petitioner,  and  upon  being 
filed,  the  judge  of  the  county  court  shall  have  such 
child  named  in  the  petition  brought  before  him  for 
the  purpose  of  determining  the  application  in  said 
petition  contained.  But  no  child  shall  be  committed 
to  such  school  who  has  ever  been  convicted  of  any 
offense  punishable,  by  confinement  in  any  penal  insti- 
tution.—#.  8.  5982 

357.  Hearing  —  commitment  —  notice  to  parent. 
Upon  the  filing  of  such  petition  the  clerk  of  the  court 
shall  issue  writ  to  the  truancy  officer  of  the  district, 
directing  him  to  bring  such  child  before  the  court; 
if  the  court  shall  find  the  material  facts  set  forth  in 
the  petition  are  true,  and  if  in  the  opinion  of  the 
court  such  child  is  a  fit  person  to  be  committed  to 
such  parental  or  truant  school,  to  be  kept  there  until 
he  or  she  arrives  at  the  age  of  fourteen  years,  unless 

356 


STATE  EDUCATIONAL  INSTITUTIONS      §§358-359 

sooner  discharged  in  the  manner  hereinafter  set 
forth,  subject  to  the  right  of  appeal  as  in  cases  of 
misdemeanor  in  the  county  courts.  Before  the  hear- 
ing aforesaid,  notice  in  writing  shall  be  given  to  the 
parent  or  guardian  of  such  child,  if  known,  of  the 
proceedings  about  to  be  instituted,  that  he  or  she 
may  appear  and  resist  the  same,  if  they  so  desire. 
— R.  S.  5983 

358.  Parent  or  guardian  pay  maintenance.     It 

shall  be  the  duty  of  the  parent  or  guardian  of  any 
child  committed  to  this  school  to  pay  the  actual  cost 
of  board  of  such  child  and  provide  suitable  clothing 
upon  his  or  her  entry  into  such  school,  and  from  time 
to  time  thereafter  as  it  may  be  needed,  upon  notice 
in  writing  from  the  superintendent  or  other  proper 
officer  of  the  school.  In  case  any  parent  or  guardian 
shall  refuse  or  neglect  to  furnish  such  clothing  or 
pay  for  such  board,  the  same  may  be  provided  by  the 
board  of  education,  and  such  board  may  have  an 
action  against  such  parent  or  guardian  of  said  child 
to  recover  the  cost  of  such  clothing  and  board,  with 
10  per  cent,  additional  thereto. — R.  8. 5984 

359.  Board  .of  education  establish  regulations  for 
parole.     The  board  of  education  of  such  city  shall 
have  power  to  establish  rules  and  regulations  under 
which  children  committed  to  such  parental  or  truant 
school  may  be  allowed  to  return  home  upon  parole, 
but  to  remain  while  upon  parole  in  the  legal  custody 
and  under  control  of  the  officer  and  agents  of  such 
school  and  subject  at  any  time  to  be  taken  back 
within  the  enclosure  of  such  school  by  the  superin- 
tendent or  any  authorized  officer  of  said  school,  ex- 
cept as  hereinafter  provided;  and  full  power  to  en- 
force such  rules  and  regulations  to  retake  any  such 

357 


§§360-361      STATE  EDUCATIONAL  INSTITUTIONS 

child  so  upon  parole  is  hereby  conferred  upon  said 
board  of  education.  No  child  shall  be  released  upon 
parole  in  less  than  four  weeks  from  the  timie  of  his 
or  her  commitment,  nor  thereafter  until  the  superin- 
tendent of  such  parental  or  truant  school  shall  have 
become  satisfied  from  the  conduct  of  such  child  that, 
if  paroled,  he  or  she  will  attend  regularly  the  public 
or  private  school  to  which  he  or  she  may  be  sent  by 
his  or  her  parents  or  guardians,  and  shall  so  certify 
to  the  board  of  education.— .R.  8.  5985 

360.  Monthly  report — discharge — recommitment. 
It  shall  be  the  duty  of  the  principal  or  other  person 
having  charge  of  the  school  to  which  such  child  so 
released  on  parole  may  be  sent,  to  report  at  least 
once  each  month  to  the  superintendent  of  the  pa- 
rental or  truant  school,  stating  whether  or  not  such 
child  attends  school  regularly,  and  obeys  the  rules 
and  regulations  of  such  school ;  and  if  such  child  so 
released  upon  parole  shall  be  regular  in  his  or  her 
attendance  at  school,  and  his  or  her  conduct  as  pupil 
shall  be  satisfactory  for  a  period  of  one  year  from 
date,  on  which  he  or  she  was  released  upon  parole,  he 
or  she  shall  then  be  finally  discharged  from  the  pa- 
rental or  truant  school,  and  shall  not  be  recommitted 
thereto,   except  upon  petition  as  hereinbefore  pro- 
vided.—.R.  8.  5986 

361.  Violation  of  parole — penalty — second  parole. 
In  case  any  child  released  from  school  upon  parole, 
as  hereinbefore  provided,  shall  violate  the  conditions 
of  his  or  her  parole  at  any  time  within  one  year 
thereafter,  he  or  she  shall,  upon  the  order  of  the 
county  court,  as  hereinbefore  provided,  be  taken  back 
to  such  parental  or  truant  school,  and  shall  not  be 
again  released  upon  parole  within  the  period  of  three 

358 


STATE  EDUCATIONAL  INSTITUTIONS      §§362-363 

months  from  the  date  of  such  re-entering;  and  if  he 
or  she  shall  violate  the  conditions  of  a  second  parole, 
he  or  she  shall  be  recommitted  to  such  parental  or 
truant  school,  and  shall  not  be  released  therefrom  on 
parole,  until  he  or  she  shall  remain  in  such  school  at 
least  one  year.— 12. 8.  5987 

362.  Incorrigible  —  committed  to   reformatory. 
In  any  case  where  a  child  is  incorrigible  and  his  ot- 
her influence  in  such  school  shall  be  detrimental  to 
the  interests  of  the  other  pupils,  the  board  of  educa- 
tion may  authorize  the  superintendent  of  any  officer 
of  the  school  to  represent  these  facts  to  the  county 
court  by  petition;  and  the  court  shall  have  power 
to  commit  said  child  to  some  juvenile  reformatory. 
—R.  8.  5988 

363.  Established   in   cities   over   25,000,    under 
100,000.     The  boards  of  education  in  cities  having  a 
population  of  over  25,000,  and  less  than  100,000,  may 
establish,  maintain  and  operate  a  parental  or  truant 
school  for  the  purpose  hereinbefore  specified,  and  in 
case    of   the    establishment   of   such    a   school,    the 
boards  of  education  shall  have  like  power  in  their 
respective  cities  as  hereinbefore  expressed ;  provided, 
that  no  board  of  trustees  or  board  of  education  under 
this  section  shall  put  this  law  into  effect  until  sub- 
mitted to  a  vote  of  the  people  and  adopted  by  a  ma- 
jority vote  at  some  general  election,  in  which  case 
school  districts  in  the  same  municipality  may  unite 
in  the  establishment  and  maintenance  of  one  such 
truancy  school.—  R.  8.  5989 


369 


UNIVERSITY 


364.  Studies — qualifications   of  students.     The 

objects  of  the  university  of  Colorado,  established  by 
law,  near  Boulder  City,  in  Boulder  County,  and 
state  of  Colorado,  shall  be  to  provide  the  best  and 
most  efficient  means  of  imparting  to  young  men  and 
women,  on  equal  terms,  a  liberal  education  and 
thorough  knowledge  of  the  different  branches  of 
literature,  the  arts  and  sciences,  with  their  varied 
applications.  The  university,  so  far  as  practicable, 
shall  begin  the  course  of  study  in  its  collegiate  and 
scientific  departments  at  the  points  where  the  same 
are  completed  in  high  schools,  and  no  student  shall 
be  admitted  who  has  not  previously  completed  the 
elementary  studies  in  such  branches  as  are  taught 
in  the  common  schools  throughout  the  state. 
—R.  8.  6933 

Change  of  location   of  university. 

a.  The  location  of  the  state  university  is,  by  the  con- 
stitution, established  at  Boulder,  and  cannot  be  changed  ex- 
cept by  constitutional  amendment. — People  v.  Regents,  24  C 
175 

365.  Each  county  entitled  to  one  pupil  free. 

Each  county  shall  be  entitled  to  send  one  pupil 
under  the  age  of  16  years  to  said  university,  tuition 
free ;  said  pupil  to  be  selected  by  competitive  exam- 
ination before  the  county  superintendent  of  such 
county  and  given  to  the  highest  scholarship. 
—R.  S.  6934 

366.  Tuition  fee.     Provided   that   said   univer- 
sity shall  charge  a  reasonable  tuition  fee  for  all  stu- 

360 


STATK    K I  )IT<1, \Tlo.\.\  I,    IXSTITrTloNS       §§  367-370 

dents  attending  from  outside  the  state,  or  whose 
p;i  rents  reside  outside  the  state  of  Colorado. 
— /.'.  X.  6935 

367.  Religious  or  irreligious  control.     The  uni- 
versity shall  never  be  under  the  control  of  any  re- 
ligious or  irreligious  denomination  or  society  what- 
ever.—/?. 8.  6936 

368.  Regents — election — term    of    office.      The 
university  shall  be  governed  by  a  board  of  six  re- 
gents, who  shall  be  elected  by  the  people  of  the 
state  at  a  general  election.     *     *     *     The  regents 
thus  elected  and  their  successors  in  office  shall  con- 
stitute a  body"  corporate  to  be  known  by  the  name 
and  style  of  the  regents  of  the  university  of  Colo- 
rado. —R.  S.  6937 

Note.     Sc»-  .-irticlr  ft,  section  12,  constitution. 

369.  Departments  —  degrees  —  diplomas.    The 

university  shall  include  a  classical,  philosophical, 
normal,  scientific,  law  and  such  other  departments, 
with  such  courses  of  instruction  and  elective  studies 
as  the  board  of  regents  may  determine,  and  a  de- 
partment of  physical  sciences,  and  the  board  shall 
linve  authority  to  confer  such  degrees,  and  grant 
such  diplomas  and  other  marks  of  distinction,  as  are 
usually  conferred  and  granted  by  other  universities; 
and  the  board  of  regents  is  hereby  authorized  to 
establish  a  preparatory  department,  which  shall  be 
under  the  control  of  said  board  of  regents,  as  are 
th<>  other  departments  of  the  university.  *  * 
—R.  S.  6945 

370.  Report — contents.     The   president   of   the 
university  shall  make  a  report  on  the  first  day  of 
September  of  each  year  to   the   board  of  regents, 

861 


§371  STATE  EDUCATIONAL  INSTITUTIONS 

which  shall  exhibit  the  condition  and  progress  of  the 
institution  in  its  several  departments,  the  different 
courses  of  study  pursued  therein,  the  branches 
taught,  the  means  and  methods  of  instruction 
adopted,  the  number  of  students,  with  their  names, 
classes  and  residences,  and  such  other  matters  as  he 
may  deem  proper  to  communicate. — R.  8.  6954 

371.  Regents  report  to  superintendent  of  public 
instruction.  The  board  of  regents  shall,  on  the  first 
day  of  October  preceding  each  meeting  of  the  gen- 
eral assembly,  make  a  report  to  the  superintendent 
of  public  instruction,  which  report,  with  that  of  the 
president,  shall  be  embodied  in  the  said  superintend- 
ent's report  to  the  general  assembly.  The  report  of 
the  board  of  regents  shall  contain  the  number  of 
professors,  tutors  and  other  officers,  with  the  com- 
pensation of  each;  the  condition  of  the.  university 
fund,  and  the  income  received  therefrom,  and  from 
all  other  sources;  the  amount  of  expenditures  and 
the  items  thereof;  and  such  other  information  and 
recommendations  as  may  be  expedient  to  lay  before 
the  general  assembly.— -#.  s.  6955 


362 


STATE  SUPERINTENDENT  OF  PUBLIC  IN- 
STRUCTION 


372.  .Election  of  state  superintendent.    At  the 

general  election,  to  be  held  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  seventy-eight,  and 
every  two  years  thereafter,  a  state  superintendent  of 
public  instruction  shall  be  elected  by  the  qualified 
electors  of  the  state,  who  shall  hold  office  for  the 
term  of  two  years  from  the  second  Tuesday  of  Jan- 
uary next  after  his  election,  and  until  his  successor 
is  duly  elected  and  qualified.— R.  S.  5871 

373.  Oath  and  bond  of  superintendent.    Before 
entering  upon  his  duties  he  shall  take  and  subscribe 
the  oath  of  office  prescribed  by  the  constitution,  and 
shall   also   execute   a  bond   in  the  penalty  of  five 
thousand  dollars,  payable  to  the  state  of  Colorado, 
with  sureties  to  be  approved  by  the  state  auditor, 
conditioned  upon  the  faithful  discharge  of  his  of- 
ficial duties,  and  the  delivery  to  his  successor  of  all 
books,  papers,   documents  and  other   property  be- 
longing to  the  office.    Said  bonds  and  oath  shall  be 
deposited  with  the  secretary  of  state.—  R.  8.  5872 

374.  Duties  of  superintendent.     He  shall  have 
an  .office  at  the  scat  of  government,  where  shall  be 
kept  an  official  seal,  and  all  books  and  papers  ap- 
pertaining to  the  business  of  his  office.    He  shall  file 
all    papers,    reports    and    public    documents    trans- 
mitted to  him  by  the  school  officers  of  the  several 
counties,  each  year  separately,  and  hold  the  same 
in  readiness  to  be  exhibited  to  the  governor,  or  to 
.my   committee  of  either  house   of  the  general  as- 

363 


§375       SUPERINTENDENT  OF  PUBLIC  INSTRUCTION 

sembly.  Copies  of  all  papers  filed  in  his  office,  and 
his  official  acts,  may  be  certified  by  him,  and  when 
so  certified,  shall  be  evidence  equally  and  in  like 
manner  as  the  original  papers.  He  shall  decide  all 
points  touching  the  construction  of  the  school  laws, 
which  may  be  submitted  to  him  in  writing  by  any 
school  officer,  teacher  or  other  person  in  the  state, 
and  his  decision  shall  be  held  to  be  correct  and  final 
until  set  aside  by  a  court  of  competent  jurisdiction, 
or  by  subsequent  legislation ;  and  said  decision,  cor- 
respondence and  instructions  may  be  communicated 
through  the  columns  of  any  regularly  published 
periodical  that  is  devoted  to  the  interest  of  educa- 
tion. He  shall  prepare  lists  of  questions  for  the  use 
of  county  superintendents  at  the  quarterly  examin- 
ation of  teachers,  and  make  such  suggestions  con- 
cerning their  use  as  shall  tend  to  secure  uniform  ex- 
aminations in  the  different  counties;  and  he  may 
call  to  his  aid,  in  the  preparation  of  said  questions, 
such  assistance  as  he  may  deem  proper.— .B.  8. 5873 

Note.    In  regard  to  books  received  for  use  of  the  supreme 
court  see  R.  S.  1428. 

375.    Furnish  blanks — cost — prepare  laws.    He 

shall  have  a  general  supervision  of  all  the  county 
superintendents,  and  of  the  public  schools  of  the 
state.  He  shall  prepare,  have  printed  and  furnished 
to  teachers  and  all  officers  charged  with  the  admin- 
istration of  the  laws  relating  to  public  schools,  such 
blank  forms,  registers  and  books  as  may  be  neces- 
sary to  the  discharge  of  their  duties;  but  he  shall 
not  copyright  such  forms,  nor  be  directly  nor  indi- 
rectly compensated  by  reason  of  the  sale  thereof. 
All  register  and  blank  books  so  furnished  for  the 
use  of  teachers  and  school  officers  shall  be  charged 

364 


SUPERINTENDENT  OF  PUBLIC  INSTRUCTION      §375 

to  the  respective  counties  at  cost,  and  the  county 
superintendent  of  schools  shall  receipt  for  and  dis- 
tribute the  same  among  the  districts  of  his  county 
as  they,  may  require;  and  the  amount  so  chargod 
against  each  county  shall  be  deducted  from  the 
amount  apportioned  to  such  county  at  the  semi- 
annual apportionment  of  the  state  school  fund ;  and 
the  superintendent  of  public  instruction  shall  cer- 
tify to  the  state  treasurer  the  aggregate  amount  of 
such  deductions,  and  the  treasurer  shall  thereupon 
transfer  said  amount  from  the  school  fund  subject 
to  apportionment  to  the  general  fund.  The  super- 
intendent of  public  instruction  shall. have  the  laws 
relating  to  public  schools  printed  in  pamphlet  form, 
and  annexed  thereto  forms  for  making  reports  and 
conducting  school  business,  and  shall  supply  school 
officers,  school  libraries  and  state  libraries  with  a 
copy  each.  Said  printing  to  be  paid  for  out  of  the 
printing  fund,  on  warrant  of  the  auditor,  on  bills 
approved  by  the  superintendent  of  public  instruc- 
tion, and  attested  by  the  secretary  of  state. 
— R.  8.  5874 

Note.    See  enabling  act,  section  14. 

Powers  in  regard  to  certificates. 

1.  The  state  superintendent  has  no  authority  to  grant  a 
certificate  to  teach  except  when  directed  to  do  so  by  a  vote  of 
the  state  board  of  education,  or  in  cases  of  appeal  or  upon 
state  examination. 

2.  Neither  the  state  superintendent  of  public  instruc- 
tion nor  the  state  board  of  education  have  the  power  to 
compel  a  county  superintendent  to  recognize  examination 
papers  prepared  under  the  supervision  of  the  county  super- 
intendent of  another  county,  as  this  is  a  mere  matter  of 
comity. 

3.  The  state  superintendent  has  no  right  to  authorize 
the  county  superintendent  to  hold  a  special  examination. 
Examinations  for  teachers'  certificates  cannot  be  held  except 
at  the  times  prescribed  by  law  for  public  examinations. 

365 


$375       SUPERINTENDENT  OF  PUBLIC  INSTRUCTION 

4.  The  state  superintendent  has  no  right  to  endorse 
certificates,  as  this  is  a  matter  which  rests  with  the  county 
superintendent. 

5.  The  state  superintendent  has  no  authority  whatever 
to  waive  in  any  manner  the  requirement  for  the  issuing  a 
certificate  to  teach,  nor  to  order  a  county  superintendent  to 
change  the  marking,  unless  the  applicant  appeals  from  the 
decision  of  the  county  superintendent  to  the  state  board  of 
education. 

6.  The  state  superintendent  has  no  authority  whatever 
to  waive  in  any  manner  the  requirements  of  law  for  a  license 
to  teach,  nor  to  grant  a  temporary  certificate  or  permit,  nor 
to  authorize  a  co-unty  superintendent  to  grant  such  certifi- 
cate or  permit. 

7.  The  laws  of  Colorado  do  not  give  the  state  superin- 
tendent the  right  to  endorse  certificates  of  any  kind  from 
other  states. 

8.  The  law  makes  no  provision  for  the  writing  of  a 
duplicate  certificate  for  the  convenience  of  the  person  hold- 
ing a  first  grade  certificate.     Special  permission  may  be  ob- 
tained from  the  state  superintendent  by  a  county  superin- 
tendent to  write  a  duplicate  certificate  in  case  the.  holder  of 
the  original  gives  proof  of  its  being  lost  or  destroyed. 

9.  The  state  superintendent  has  no  authority  to  excuse 
a  person  from  taking  an  examination. 

Take  no  part  in  organizing  district. 

10.  It  is  not  within  the  province  of  the  state  superin- 
tendent to  take  any  part  whatever  in  the  organization  of  a 
new  school  district;  but,  as  a  member  of  the  state  board  of 
education,  she  may  pass  upon  the  legality  of  such  organiza- 
tion when  an  appeal  is  taken  to  the  board  from  the  decision 
erf  the  county  superintendent. 

11.  The  state  superintendent  has  no  power  to  establish 
a  school  in  any  locality. 

In  regard  to  .special  elections. 

12.  The  state  superintendent  has  no  power  to  set  aside 
a  special  meeting  of  the  electors  of  a  district,  as  this  is  a 
question  to  be  decided  by  the  courts. 

13.  The  state  superintendent  has  no  authority  to  call  a 
special  school  election,  since  the  law  provides  that  it  must 
be  called  either  by  the  secretary  of  the  board  of  directors  or 
by  two  legal  voters  in  the  district,  as  specified  in  section 
144. 

366 


SUPERINTENDENT  OF  PUBLIC  INSTRUCTION       §376 

X<>  f/oircr  to  compel  county  superintendent  to  turn  over 
records  and  funds. 

14.  If  a  county  superintendent  fails  to  turn  over  moneys 
received  by  him  to  the  county  treasurer  as  required  by  law, 
or  fails  to'turn  over  to  his  successor  the  records  of  the  office, 
such  matters  should  be  called  to*  the  attention  of  the  county 
commissioners,  and  they  may  proceed  in  a  civil  action  for 
the  recovery  of  any  moneys  due  the  county  and  to  compel 
the  delivery  of  such  records.  The  county  superintendent  is 
also  liable  upon  his  bond  for  the  improper  performance  of 
his  duty;  but  all  these  are  matters  over  which  the  state 
superintendent  has  no  jurisdiction. 

376.    Biennial  report  —  visits  —  expenses.    He 

shall,  on  or  before  the  tenth  day  of  December,  in 
every  year  preceding  that  in  which  shall  be  held  a 
regular  session  of  the  general  assembly,  report  to 
the  governor  the  condition  of  the  public  schools,  the 
amount  of  state  school  fund  apportioned,  and  sources 
from  which  derived,  with  suggestions  and  recom- 
mendations relating  to  the  affairs  of  his  office  as  he 
may  think  proper  to  communicate.  It  shall  be  his 
duty  to  visit  annually  such  counties  in  the  state  as 
most  need  his  personal  attendance,  and  all  counties, 
if  practicable,  for  the  purpose  of  inspecting  the 
schools,  awakening  and  guiding  public  sentiment  in 
relation  to  the  practical  interests  of  education,  and 
diffusing  as  widely  as  possible,  by  public  addresses 
and  personal  communication  with  school  teachers 
and  parents,  a  knowledge  of  existing  defects  and  of 
desirable  improvements  in  the  government  and  in- 
struction of  the  schools ;  and  he  shall  open  such  cor- 
respondence as  may  enable  him  to  obtain  all  neces- 
sary information  relating  to  the  system  of  public 
schools  in  other  states;  and  he  shall  receive  out  of 
the  state  treasury,  for  actual  necessary  traveling  ex- 
penses and  other  expenses  while  traveling  on  the 

367 


§377       SUPERINTENDENT  OF  PUBLIC  INSTRUCTION 

business  of  the  department,  not  exceeding  five  hun- 
dred dollars  per  annum,  for  which  he  shall  render 
an  itemized  bill  to  the  auditor  of  state,  who  is  here- 
by authorized  to  draw  his  warrant  therefor;  and  all 
office,  fuel,  furniture,  postage,  books,  stationery,  and 
other  contingent  expenses  pertaining  to  his  office 
shall  be  furnished  in  the  same  manner  as  those  of 
the  other  departments  of  the  state  government. 
— R.  8.  5875 

377.  Apportionment  of  school  fund.  It  shall  be 
the  duty  of  the  state  auditor  to  notify  the  super- 
intendent of  public  instruction  of  the  amount  of 
money  in  the  state  treasury  to  the  credit  of  the  pub- 
lic school  income  fund,  on  the  thirtieth  day  of  June 
and  December  in  each  year.  Within  fifteen  days 
after  receiving  such  notification,  the  superintendent 
of  public  instruction  shall  apportion  said  fund 
among  the  several  counties  of  the  state,  from  which 
reports  have  been  received  by  said  superintendent, 
as  provided  in  this  act,  in  proportion  to  the  school 
population  as  shown  by  the  report  of  each  county 
for  the  year  next  preceding  such  apportionment, 
making  such  deductions  as  are  provided  in  section 
nine  of  said  chapter.  And  the  superintendent  of 
public  instruction  shall  certify  said  apportionment 
to  the  state  auditor,  and  upon  such  certificate  the 
auditor  shall  draw  his  warrant  on  the  state  treasurer 
in  favor  of  the  county  treasurer  of  each  county,  for 
the  amount  due  said  county.  The  superintendent 
shall  also  certify  to  the  superintendent  of  each  coun- 
ty the  amount  apportioned  to  such  county.— .R.  8.  5887 

Note.    Section  9  referred  to  in  this  section  is  section  375. 
368 


SUPERINTENDENT  OF  PUBLIC  INSTRUCTION      §378 

Two  apportionments. 

1.  There  are  only  two  apportionments  of  the  school 
fund  by  the  state  superintendent  during  the  year — one  in 
January  and  one  in  July.  Other  apportionments,  if  any,  are 
made  by  the  county  superintendents. 

378.  Assistant  librarian — salary.  He  may  em- 
ploy an  assistant  librarian,  who  shall  have  charge 
of  the  state  library,  under  such  regulations  as  may 
be  prescribed  by  the  state  librarian,  or  by  law. 
Said  assistant  shall  receive  the  annual  salary  of  one 
thousand  dollars  for  his  services. — R.  8.  5876 


369 


TAXES 

COUNTY  SCHOOL  TAXES 

379.  County  commissioners  shall  cause  school  tax 
to  be  levied.  The  county  commissioners  shall,  at  the 
time  of  levying  the  tax  for  county  purposes,  cause  to 
be  levied  a  tax  for  the  support  of  the  schools 
within  the  county,  of  not  less  than  two  mills  on  the 
dollar,  of  the  assessed  value  of  all  taxable  property, 
real  and  personal,  within  the  county,  which  tax  shall 
be  collected  by  the  county  treasurer  at  the  same  time, 
and  in  the  same  manner,  as  state  and  county  taxes 
are  collected,  except  that  it  shall  be  receivable  only 
in  cash.  It  is  hereby  made  the  duty  of  the  county 
superintendent  of  schools  to  certify  to  the  board  of 
county  commissioners  at  this  time  the  amount  of 
money  needed  per  capita,  to  enable  each  school  dis- 
trict in  the  county  to  maintain  a  public  school  four 
months  in  each  year,  as  required  by  law.  In 
making  his  estimate,  the  county  superintendent  shall 
not  take  into  consideration  districts  whose  school 
population  shall  be  less  than  fifteen,  as  shown 
by  the  school  census  preceding  the  time  of  making 
the  levy.  He  shall  use  as  a  basis  for  making  his  esti- 
mate the  sum  of  forty  dollars  per  month  for  the 
teacher's  salary.  All  other  expenses  of  the  school 
must  be  provided  for  by  the  board  of  directors  by 
special  tax.  It  is  hereby  made  the  duty  of  the  county 
commissioners  to  increase  the  minimum  rate  of  two 
mills,  to  what  shall  be  required  for  the  purpose. 
as  stated  as  above ;  Provided,  That  such  tax  levy 
shall  in  no  case  exceed  five  mills;  Provided,  fur- 
ther, If  any  school  district  shall  fail  to  certify  a 

370 


TAXES  §  379 

special  tax  for  other  expenses  of  the  district  nec- 
essary to  maintaining  a  public  school  each  year,  as 
provided  for  in  section  seventy-seven,  the  county 
commissioners  shall  cause  the  same  to  be  levied. 
— R.  8.  5893 

Note.     Section  77  above  referred  to  is  section  240  herein. 
Tax  levy  becomes  lien  when. 

a.  A  tax  levy  for  school  purposes  does  not  become  a 
lien   upon   personal  property  by  virtue   of  the  assessment 
merely,  but  only  upon  seizure,  there  being  nothing  in  the 
statute  upon  the  subject. — McKay  v.  Batchelor,  2  C.  591 

Property  located  partly  within  district. 

b.  Property  located  in  a  school  district  is  alone  subject 
to  sale  for  taxes  levied  on  the  property  of  the  district,  and 
where  a  tract  of  land  lies  partly  within  and  partly  without 
the  district,  that  part  lying  without  cannot  be  sold  for  taxes. 
—Shaw  v.  Lockett,  14  C.  A.  413 

Apportionment  of  two  mill  levy. 

1.  The  above  section  contemplates  that  the  two  mill 
tax  therein  pro-vided  shall  be  apportioned  among  the  school 
districts  per  capita.    The  $40  per  month  therein  provided  is 
established  as  a  basis  in  estimating  the  teachers'  salaries. 

Duties  of  county  commissioners  in  regard  to  levy. 

2.  It  is  the  duty  of  the  board  of  county  commissioners 
to  levy  such  a  rate  above  two  mills  as  may  be  necessary  to 
produce  the  amount  needed  per  capita  to  enable  each  school 
district   in   the   county   to    maintain   a   public   school    four 
months  in  each  year,  as  required  by  law,  and  as  shown  by 
the  county  superintendent's  certificate  provided  for  in  the 
same  section,  and  the  board  of  commissioners  can  be  com- 
pelled to  do  this  by  mandamus  if  necessary. 

3.  The  county  commissioners  have  no  right  whatever 
to  make  a  general  levy  of  one  mill  only,  since  the  law  plainly 
states  that  the  minimum  rate  is  two  mills,  which  must  be 
increased   by  the   commissioners   to   whatever  shall   be   re- 
quired for  the  purpose  as  specified  to  them  by  the  county 
superintendent  of  schools. 

Commissioners — no  authority  to  change  levies — when 
certified. 

4.  The  county  commissioners  have  no  authority  what- 
ever to  change  levies  for  special  school  tax  when  certified  to 

371 


§§380-381  TAXES 

by  the  directors  of  a  district.  The  levies  as  certified  by  the 
school  directors  must  remain,  whatever  the  action  of  the 
commissioners  may  be  as  regards  valuation. 

No  annual  meeting — county  commissioners  make  levy. 

5.  In  case  a  school  district  has  not  held  its  annual 
meeting  to  elect  officers  and  vote  a  tax,  it  becomes  the  duty 
of  the  county  superintendent  to  appoint  to  the  vacant  posi- 
tions, and  the  duty  of  the  county  commissioners  to  levy  the 
tax  for  the  district. 

New  levy  on  consolidation — when. 

6.  If   districts  are   consolidated  between  the  time   of 
voting  on  the  special  tax  and  making  the  levy  by  the  county 
commissioners,  a  new  levy  must  be  determined  on  for  the 
new  district. 

Special  tax — when  voted. 

7.  It  would  be  legal  to  vote  a  special  tax  at  an  annual 
meeting  by  giving  the  legal  notice. 

8.  A  majority  vote  to  decide  a  special  tax  levy  for  erect- 
ing a  school  building  means  a  majority  of  the  qualified 
electors  when  assembled  at  a  regular  or  special  meeting. 

380.  County  clerk  must  levy  —  officer  failing  - 
forfeiture.     No  county  clerk  or  other  person,  who 
shall  make  out  the  tax  list  or  assessment  roll  of  any 
county,  shall  omit  or  neglect  to  levy  said  tax  of 
two  mills,  as  aforesaid,  by  reason  of  the  omission  of 
the  board  of  county  commissioners  to  pass  a  resolu- 
tion for  that  purpose.     Failure  to  levy  a  tax  of  at 
least  two  mills,  as  above  specified,  shall  be  deemed 
a  violation  of  the  law,  and  the  person  or  persons 
through  whose  neglect  or  refusal  the  failure  so  to 
levy    shall    occur,    shall    forfeit    the    sum    of    one 
hundred  dollars  each,  and  be  liable  for  all  damages 
resulting  from  such  neglect  or  failure.— #.  s.  5894 

381.  School  boards  certify  amount  needed  to 
county  commissioners  —  not  exceed  twenty  mills  — 
duties  of  assessors  and  treasurer — tax  for  library. 
On  or  before  the  day  designated  by  law  for  the  com- 

372 


TAXES  §  381 

missioners  of  each  county  to  levy  the  requisite  taxes 
for  the  then  ensuing  year,  the  school  board  in.  each 
district  shall  certify  to  the  board  of  county  commis- 
sioners a  statement  showing  the  aggregate  amount, 
which,  in  the  judgment  of  said  school  board,  it  is 
necessary  to  raise  from  the  taxable  property  of  said 
district,  to  create  a  special  fund  for  any  of  the  pur- 
poses specified  in  section  51  of  this  chapter;  said 
statement  shall  also  show  the  items  composing  said 
aggregate  and  the  purpose  to  which  it  is  intended  to 
devote  each  sum  so  itemized.  It  shall  thereupon  be 
the  duty  of  the  county  commissioners  to  levy,  at  the 
same  time  that  other  taxes  are  levied,  such  rate, 
within  the  limits  allowed  by  law,  as  will  produce  the 
aggregate  amount  so  certified.  The  amount  of  such 
special  tax,  which  shall  be  assessed  to  each  tax  payer 
of  such  district,  shall  be  placed  in  a  separate  column 
of  the  tax  book,  which  shall  be  headed  "  Special 
School  Tax,"  Provided,  in  the<3ase  of  districts  of  the 
third  class  no  higher  rate  than  twenty  mills  per 
dollar  shall  be  levied.  There  shall  also  be  a  column 
in  said  tax  book  in  which  shall  be  designated  the 
number  of  the  school  district  in  which  the  property 
is  listed.  This  tax  shall  be  collected  in  cash  only, 
and  placed  to  the  credit  of  the  proper  district  as  fast 
as  collected,  and  the  amount  placed  to  the  credit  of 
each  district  shall  be  reported  to  the  secretary  of 
such  district  at  the  end  of  every  month,  and  shall  be 
subject  to  the  order  of  the  district  board.  It  is 
hereby  made  the  duty  of  the  county  assessor  and 
county  treasurer  to  so  arrange  their  tax  schedules 
and  books  as  to  conform  to  the  above  provision ;  Pro- 
vided, That  the  county  assessor  shall  list  all  prop- 
erty, both  real  and  personal,  in  the  school  district  in 

373 


§  381  TAXES 

which  the  same  may  be  on  the  first  day  of  May ;  And 
provided,  further,  That  the  board  of  any  district  may 
include  in  said  certified  statement  an  item  for  the 
purchase  of  books  for  a  library,  to  be  open  to  the 
public,  under  such  rules  as  the  district  board  may 
deem  needful  for  the  proper  care  of  the  said  library ; 
but  no  levy  made  for  this  purpose  shall  exceed  one- 
tenth  of  one  mill,  and  the  money  accruing  therefrom 
shall  be  used  for  the  purposes  of  such  library,  and 
for  no  other  purpose  whatsoever. — s.  L.  '11,  p.  585 

Note.    Section  51  above  referred  to  is  section  124  herein. 

Mandamus  county  commissioners  when. 

a.  Where  at  a  special  meeting  of  the  district  a  resolu- 
tion is  regularly  adopted  instructing  the  president  and  secre- 
tary of  the  board  to  certify  to  the  county  commissioners  the 
levy  necessary  for  a  special  fund,  and  such  action  is  duly 
certified,  there  is  a  sufficient  compliance  with  the  statute  to 
authorize  a  proceeding  by  mandamus  to  compel  the  commis- 
sioners to  levy  the  tax,  and  on  petition  for  that  purpose  by 
the  people,  at  the  relation  of  the  district,  the  supreme  coiirt 
has  original  jurisdiction. — People  ex  rel  v.  County  Comrs., 
12  C.  89 

Electors  levy  special  tax. 

&.  The  power  to  levy  a  special  tax  in  a  school  district 
of  the  third  class  is  by  statute  vested  in  the  electors  thereof, 
and  cannot  be  exercised  by  the  bo-ard  of  directors. — County 
Comrs.  v.  R.  R.  Co.,  3  C.  A.  398 

Property  located  partly  within  district. 
c.  Property  located  in  a  school  district  is  alone  subject 
to  sale  for  taxes  levied  on  the  property  of  the  district,  and 
where  a  tract  of  land  lies  partly  within  and  partly  without 
the  district,  that  part  lying  without  cannot  be  sold  for  taxes. 
— 8haw  v.  Lockett,  14  C.  A.  413 

Certify  special  twenty  mill  limit. 

1.  A  district  board  of  the  third  class  can  legally  certify 
a  special  tax  to  the  board  of  county  commissioners  without 
a  vote  of  the  electors  of  the  district,  provided  the  tax  thus 
certified  is  not  in  excess  of  the  amount  necessary  to  support 
a  four  months'  school. 

2.  If  the  directors  fail  to  certify  the  amount  of  the  spe- 
cial tax  levy  the  county  commissioners  may  make  a  levy 

374 


TAXES  §  382 

sufficient  to  maintain  a  four  months'  school,  the  tax  in  no 
case  to  exceed  20  mills. 

3.  The  20  mill  limit  of  special  taxation  applies  only  to 
third  class  districts. 

4.  In  case  an  assessor  should  alter  a  levy  certified  by  a 
district  school  board,  he  is  liable  civilly  and  criminally. 

Levy  for  libraries. 

5.  The  county  high  school  district  has  the  right  to  levy 
a  one-tenth  mill  tax  for  library  purposes,  just  as  any  other 
district  has. 

6.  Funds  raised  in  accordance  with  the  provisions  of 
this  section  of  the  school  law  must  be  used  solely  for  the 
purchase  of  boaks  for  a  library  which  shall  be -entirely  under 
the  control  of  the  school  board;  and  while  the  section  states 
that  the  library  shall  be  open  to  the  public,  it  is  my  opinion 
that  the  law  does  not  contemplate  the  location  of  the  library 
anywhere  but  in  connection  with  the  school. 

Special  levy  in  first  and  second  class  districts. 

I.  There  is  no  limit  to  the  special  levy  in  first  and 
second  class  districts. 

Special  taxes  collected  on  range  stock — when. 

8.  It  is  lawful  to  collect  special  school  taxes  on  range 
stock  in  districts  where  they  are  located. 

Cannot  change  school  tax  of  resident. 

9.  The  law  gives  no  authority  to  change  the  school  tax 
of  a  resident  of  one  district  to  another  district. 

New  levy  upon  consolidation. 

10.  If  districts  are  consolidated  between  the  time  of 
voting  on  the  special  tax  and  making  the  levy  by  the  county 
commissioners,  a  new  levy  must  be  determined  om  for  the 
new  district. 

When  warrants  drawn. 

II.  After  a  levy  is  made  for  a  special  purpose  in  a 
school   district,   and  is   also   made   by   the  county  commis- 
sioners, warrants  may  be  drawn  to  the  amount  of  the  rev- 
enue for  the  current  year. 

SPECIAL  TAX 

382.    Special  tax  levy  not  to  be  reconsidered.   It 

shall  not  be  lawful  for  a  district  or  a  district  board 
to  reconsider  the  question  of  the  levy  of  a  special 

876 


§  382  TAXES 

tax  after  the  same  has  been  certified  to  the  county 
commissioners,  nor  shall  said  commissioners  be 
charged  with  any  discretion  in  the  matter  of  such 
levy  further  than  to  ascertain  if  the  law  has  been 
obeyed.-- -ft.  8.  5896 

Levy  cannot  ~be  changed. 

1.  The  board  of  county  commissioners  has  no  authority 
to  change  a  special  tax  levy  certified  by  the  board  of  direct- 
ors. 

2.  A  district  board  cannot  raise  a  tax  levy  decided  upon 
by  the  electors  of  the  school  district  after  it  has  been  certi- 
fied to  the  county  clerk.    The  board  of  commissioners  cannot 
raise  this  levy  if  the  requirements  of  the  law  have  been  com- 
plied with  so  far  as  the  amount  is  concerned. 

3.  The  directors  cannot  change  a  levy  made  by  the 
electors  of  a  district,  even  though  it  may  be  insufficient  to 
carry  on  the  regular  term  of  school  in  the  district. 

4.  When  a  levy  has  been  made  by  electors,  it  is  not  in 
the  power  of  the  school  board  to  raise  the  levy  made  after 
the  same  has  been  certified  to  the  county  commissioners. 
This  applies  to  a  third  class  district.    If  it  is  a  second  class 
district,  the  right  to  make  the  levy  rests  entirely  with  the 
school  board. 

5.  While  the  law  does  not  permit  the  changing  of  a  tax 
levy  made  at  the  annual  meeting  in  May  and  certified  to  by 
the  school  board  of  the  district,  the  district  would  have  a 
right  to  call  a  special  meeting  to  vote  an  additional  special 
tax  of  two  or  any  other  number  of  mills  that  would  be  inside 
the  limit  up  to  which  a  third  class  district  is  permitted  to 
levy.    This  is  not  in  any  way  to  be  considered  changing  the 
original  levy,  but  simply  voting  an  additional  levy. 

6.  If  districts  are  consolidated  between  the  time  of 
voting  on  the  special  tax  and  making  the  levy  by  the  county 
commissioners,  a  new  levy  must  be  determined  on  for  the 
new  district. 

7.  There   is   no   provision   whereby   the   levy    can   be 
changed  that  has  been  certified  to  by  the  former  county 
superintendent  and  ordered  by  the  commissioners. 


376 


TEACHERS 


383.    Must  have  license  —  expiration  —  proviso. 

No  district  board  shall  employ  any  person  to  teach 
in  any  of  the  public  schools  of  the  state,  unless  such 
person  shall  have  a  license  to  teach,  issued  from  the 
proper  district,  county  or  state  authority,  and  in  full 
force  at  the  date  of  employment ;  and  any  teacher 
who  shall  commence  teaching  in  any  such  school 
without  such  license,  shall  forfeit  all  claim  to  com- 
pensation out  of  the  school  fund  for  the  term  so 
teaching  without  such  license.  And  if  a  teacher's 
license  shall  expire  by  its  own  limitation  within  a 
term  of  employment,  such  expiration  shall  not  have 
the  effect  to  stop  the  school,  or  stop  the  teacher's 
pay;  Provided,  That  a  teacher  whose  certificate  so 
expires,  if  the  term  of  school  for  which  such  teacher 
is  employed  extends  more  than  one  month  after  such 
expiration,  shall  secure  a  new  certificate,  or  a  re- 
newal of  the  one  held  while  the  same  is  in  force ; 
And,  provided,  further,  That  a  certificate  shall  not 
be  required  of  persons  employed  to  teach  either 
music,  drawing  or  modern  languages  only.  No 
teacher  shall  be  dismissed  without  good  cause 
shown,  and  such  teacher  shall  be  entitled  to  receive 
pay  for  services  rendered.—  R.  s.  5990 

Note.    Kindergarten   teachers,   section  233. 

Note.  For  powers  and  duties  generally  see  pages  167  and 
168  herein. 

Note.    For  different  grade  certificates  see  section  47  herein. 

Note.  For  examinations  see  section  149  herein  and  de- 
cisions thereunder. 

Teacher  discharged   need   not  appeal. 

a.  A  public  school  teacher  engaged  for  a  specific  term, 
who  is  discharged  without  cause,  need  not  rely  upon  the 

377 


§  383  TEACHERS 

statutory  right  of  appeal  from  the  decision  of  the  board, 
but  may  bring  action  to  recover  in  the  courts;  and  the  rule 
in  the  teachers'  hand-book,  that  the  tenure  of  office  of  all 
teachers,  regardless  of  contract,  shall  be  at  the  pleasure  of 
the  board,  is  no  defense  to  such  action. — School  District  v. 
Hale,  15  C.  367 

Teacher  discharged  for  cause  only. 

&.  A  teacher  cannot  be  dismissed  from  the  public  schools 
without  due  notice  and  upon  good  cause  shown,  and  when  an 
action  is  brought  to  recover  damages  therefor -the  board  can 
only  justify  by  showing  proper  cause  for  dismissal  in  ac- 
cordance with  the  statute. — School  District  v.  McComb,  18  C. 
240 

Revoking   certificate   after   discharging. 

c.  A  school  board  of  a  first  class  district,  after  discharg- 
ing a  teacher,  has  no  authority  to  revoke  a  certificate  there- 
tofore issued  to  him  so  as  to  prevent  his  recovery  for  the 
unexpired  term. — School  District  v.  Shuck,  49  C.  526 

Teacher  discharged  only  upon   hearing. 

d.  Under  the  law  providing  that  a  teacher  can  be  dis- 
charged only  on  good  cause  shown,  there  must  be  a  specific 
accusation,  notice  and  evidence  placed  before  the  board  in 
its  official  capacity,  and  a  hearing  given  the  teacher  to  refute 
the  charge;   and  where  some  of  the  members  of  the  board, 
in  an  unofficial  capacity  only,  inquired  around  and  found 
some  basis  for  neighborhood  rumors  of  immorality,  and  upon 
such  evidence  the  b.oard  gave  the  teacher  leave  of  absence 
with  instructions  to  clear  up  the  matter,  and  discharged  him 
upon  failure  so  to  do,  is  not  a  compliance  with  the  statute, 
and  such  discharge  is  illegal.— School  v.  Shuck,  49  C.  526 

Normal  school  diploma. 

e.  A  state  normal  school  diploma  licenses  the  holder  to 
teach  in  the  public  schools  of  this  state  until  annulled  by 
the  state  superintendent  or  suspended  by  a  county  superin- 
tendent.    It   is   evidence   of   a  vested   continuing   right   to 
teach  in  any  public  school  in  the  state,  and  cannot  be  super- 
seded or  modified  by  any  mandate  or  order  of  a  school  board. 
—Nash  v.  School  Board,  49  C.  555 

Appointment  and  acceptance  create  contract. 

f.  A  resolution  of  the  directors  appointing  plaintiff  a 
teacher  for  the  ensuing  school  year,  and  an  acceptance  of  the 
appointment,  create  a  contract;  and  the  requirement  in  the 
resolution  that  teachers  must,  after  a  designated  date,  hold 
a  first  grade  certificate  is  not  a  limitation,  but  simply  ren- 

378 


TEACHERS  §  383 

ders  the  employment  subject  to  termination  after  such  date, 
if  not  complied  with.— Nash  v.  School  Board,  49  C.  555 

Teacher  employed  without  license,  how. 
g.  Although  the  law  prohibits  a  school  board  from  em- 
ploying a  teacher  having  no  license  to  teach  at  the  date  of 
such  employment,  and  further  provides  that  a  teacher  who 
shall  commence  teaching  without  such  license  shall  forfeit 
all  claim  to  compensation,  yet  a  school  board  may  engage  a 
teacher  to  begin  teaching  at  a  future  date  conditioned  upon 
her  obtaining  such  license  prior  to  the  beginning  of  the 
school.  WJien  such  license  is  obtained  and  the  school  com- 
menced, the  engagement  ripens  into  a  valid  contract.-^-#ote 
v.  School  Dist.,  1  C.  A.  40 

Certificate  obtained  after  commencement  of  school. 
h.  A  teacher  who,  at  the  time  of  her  employment,  has  a 
first  grade  certificate  in  full  force  in  another  county,  upon 
which  her  county  superintendent  agrees  to  issue  a  certificate 
of  like  grade,  but  does  not  do  so  until  after  the  commence- 
ment of  her  school,  is  entitled,  at  least,  to  compensation 
from  the  date  of  such  like  grade  certificate  if  she  proceeds 
with  the  school. — School  Dist.  v.  Ross,  4  C.  A.  493 

Injunction  not  lie  to  prevent  discharge  of  teacher. 

i.  Since  school  boards  have  power  to  summarily  dismiss 
teachers  for  cause,  injunction  will  not  lie  to  restrain  them 
from  so  doing,  for,  if  wrongfully  dismissed,  the  teacher's 
remedy  is  an  action  for  damages.— School  Dist.  v.  Carson, 
9  C.  A.  6 

Certificate  not  collaterally  attacked  except. 

;'.  In  an  action  by  a  teacher  for  wages  under  a  contract, 
his  certificate  from  a  county  superintendent  cannot  be  col- 
laterally attacked  except  for  fraud. — School  Dist.  v.  Stone, 
14  C.  A.  211 

Ratification   of  contract. 

fc.  Where  a  school  board  enters  into  a  contract  with  a 
teacher,  and  for  ten  weeks  accepts  her  services  and  pays  her 
wages,  such  action  constitutes  a  ratification  of  the  contract, 
and  the  board  is  estopped  from  asserting  its  invalidity.— 
School  Dist.  v.  Stone,  14  C.  A.  211 

Contract  not  made  at  formal  meeting. 

I.  Under  the  law  authorizing  a  school  board  to  employ 
teachers  it  is  not  absolutely  necessary  that  the  contract  be 
made  at  a  formal  meeting.  A  contract  agreed  to  by  all 
members  of  the  board,  and  executed  and  signed  by  a  ma- 

379 


§  383  TEACHERS 

jority  of  the  board,  is  binding,  although  not  done  at  a  regu- 
larly convened  meeting. — School  Dist.  v.  Stone,  14  C.  A.  211 

County  superintendents  sue  in  official  capacity. 
m.  County  superintendents  have  the  right  to  sue  in 
their  official  capacity,  and  may  maintain  such  actions  as  are 
necessary  to  the  fulfillment  of  the  duties  of  their  offices, 
and  to  this  end  may  bring  an  action  to  restrain  a  board  of 
directors  from  employing  a  teacher  without  a  certificate. — 
Catlin  v.  Christie,  15  C.  A.  291 

Certificates — modern  languages — music — drawing. 

1.  Section  239  provides  that,  upon  the  demand  of  the 
parents  or  guardians  of  twenty  or  more  children  of  school 
age,  the  board  of  such  school  district  may  procure  efficient 
Instructors  in  the  German  and  Spanish  languages,  or  either. 
It  also  provides  that,  upon  like  demand,  the  board  may  pro- 
cure like  instructors  to  teach  the  branches  required  in  the 
public  schools  in  German  or  Spanish,  or  either.    Section  383 
provides  that  a  certificate  shall  not  be  required  of  persons 
employed  to  teach  music,   drawing,   or  modern  languages. 
From  these  provisions  we  infer  that  no  teacher's  certificate 
is   required   to   teach   music,   drawing,   or   the   German   or 
Spanish  language  only;   but  if  the  teacher  is  required  to 
teach   the   common   school  branches   in   either   German   or 
Spanish,  then  a  county  teachers'  certificate  must  first  be 
obtained.     It  would  also  logically  follow  that  any  person 
employed  to  teach  any  language,  other  than  English  only, 
should  not  be  required  to  obtain  a  county  teachers'  certifi- 
cate. 

2.  A  person  cannot  be  legally  employed  to  teach  in  the 
public  schools  for  any  length  of  time,  however  short,  unless 
such  person  has  a  certificate  to  teach,  issued  by  the  proper 
authorities. 

3.  An  unlicensed  person  cannot  legally  be  employed  as 
substitute  teacher  in  the  public  schools  of  this  state. 

4.  It  is  held  that  a  teacher  may  continue  school  until 
notice  is  given  of  the  failure  to  obtain  a  certificate. 

5.  It  is  illegal  to  employ  a  person  to  teach  a  public 
school  who  has  no  certificate,  as  no  legal  contract  can  be 
made  between  the  school  board  and  such  a  person;  and  the 
fact  that  no  salary  is  drawn  would  not  make  the  transaction 
legal. 

6.  In  a  district  of  the  first  class  the  school  board  would 
have  the  power  to  employ  a  city  superintendent,  who  holds 
satisfactory  evidence  of  adequate  training  for  the  work  he 
is  to  do,  without  requiring  an  examination;  but  in  a  second 

380 


TEACHERS  §  383 

class  district  the  superintendent  would  be  required  to  take 
the  examination  if  he  instructs  in  any  of  the  branches  other 
than  music,  drawing  and  modern  languages. 

Teachers'  contracts  generally. 

7.  Two  members  of  the  school  board  in  districts  of  the 
second  and  third  classes  can  make  a  legal  contract  without 
the  consent  of  the  third  member;  providing  such  contract  is 
made  at  a  regular  meeting,  or  at  a  special  meeting  legally 
called,  and  of  which  all  the  directors  had  legal  notice. 

8.  When  a  teacher  begins  work  without  having  entered 
into  a  definite  verbal  or  written  contract  with  the  school 
board  which  employs  her,  she  has  a  right  to  leave  the. school 
at  any  time,  and  the  school  board  has  the  right  to  discharge 
her  at  the  end  of  the  first  manth's  work,  and  also  to  employ 
another  teacher. 

9.  A  school  board  can  hold  a  teacher  to  a  contract  for 
the  time  therein  agreed. 

10.  In  case  of  two  members  of  the  board  at  a  legally 
held   meeting  of  the   board   voting  a  certain   sum   as  the 
teacher's  salary,  written  notice  of  such  action  being  sent 
to  the  teacher,  the  notice  is  binding  upon  the  board  and 
equal  to  a  contract. 

11.  If  a  school  board  makes  a  legal  contract,  either 
verbal  or  in  writing,  with  a  teacher,  providing  for  his  re- 
election and  specifying  the  salary  he  is  to  receive,  the  board 
could  not  at  a  later  meeting  change  its  action  without  cause. 

12.  An  oral  contract  made  between  a  teacher  and  a 
school  board  is  as  binding  as  a  written  one  if  each  party  can 
prove  its  terms  of  the  contract. 

13.  Under  a  written  contract  with  a  school  board  to 
teach  a  stated  length  of  time,  a  teacher  is  entitled  to  com- 
pensation for  the  full  time. 

14.  The  board  of  directors  has  exclusive  jurisdiction  in 
the  employing  and  discharging  of  teachers. 

15.  A  contract  between  a  teacher  and  his  substitute 
is  not  binding  upon  the  board  of  directors. 

16.  If  a  teacher  is  not  competent  to  conduct  a  school, 
the  school,  board  is  not  bound  by  the  contract. 

17.  When  a  contract  is  reduced  to  writing,  it  is  sup- 
posed to  express  the   intention  of  the  parties,   and  when 
such  intention  is  clear,  it  cannot  be  changed  by  oral  evi- 
dence. 

18.  The  directors  of  a  district  have  no  legal  right  to 
make  a  contract  with  a  teacher  to  pay  wages  in  excess  of 
the  revenues  for  the  year. 

38X 


§383  TEACHERS 

19.  If  a  teacher  receives  from  the  secretary  of  a  school 
board,   in   pursuance   of   an   order   of  the   board,   a   letter 
notifying  him  of  the  length  of  term  and  salary,  such  noti- 
fication would  stand  in  law  as  a  contract  should  the  teacher 
accept. 

20.  A  verbal  promise  given  to  a  teacher  by  members 
of  a  school  board  at  other  than  a  regularly  called  meeting 
is  not  in  any  way  binding  upon  the  board;  and  the  mem- 
bers have  a  legal  right  to  engage  some  other  person  when 
a  regular  meeting  of  the  board  is  held. 

21.  When   a   teacher    enters   into    a   contract   with   a 
board  of  directors  to  teach  a  certain  number  of  months  it 
is    understood    that    customary    vacations    may    intervene, 
even  though  not  specified  in  the  contract;  and  the  teacher 
is  not  entitled  to  compensation  for  said  vacations  he  being 
required  to  teach  the  full  number  of  months  specified  in 
the  contract,  excluding  such  vacations;   this  however  does 
not  include  legal  holidays  coming  within  the  school  week 
for  which  the  teacher  is  entitled  to  pay  unless  otherwise 
expressly  stated  in  the  contract. 

No  compensation  without  license. 

22.  It  would  be  illegal  for  a  school  board  to  pay  the 
teacher,  unless  she  was  provided  with  a  certificate  issued 
in  the  county,  or  with  certificate  recognized  in  some  way 
by  the  county  superintendent. 

23.  Any  elector  of  the  district  or  the  county  superin- 
tendent of  the  county,  through  legal  process,  may  prevent 
the  board  from  paying  out  money  as  wages  to  a  teacher 
when  she  does  not  possess  the  necessary  license. 

24.  It   is   a   violation    of   the    law   to   endorse   county 
teachers'  certificates  issued  in  this  or  any  other  state,  if 
the   certificate  be  not   in    full   force   at   the   date   of   such 
endorsement.     Should  the  board  employ  a  teacher  without 
a  license  to  teach,  all  claim  to  compensation  on  the  school 
fund  for  the  term  will  be  forfeited. 

25.  It  would  be   illegal   for  the   school   board   to  pay 
the    teachers    unless    they    are    provided    with    certificates 
issued  in  the  county  or  with  certificates  recognized  in  some 
way  by  the  county  superintendent.    Any  elector  of  the  dis- 
trict or  the  county  superintendent  can,  through  legal  pro- 
cess, prevent  the  board  from  paying  out  money  as  wages 
to  teachers  without  the  necessary  certificates. 

Salary. 

26.  The  only  way  by  which  a  teacher's  salary  can  be 
legally   increased,   during  the  term   for  which  she  is   em- 

382 


TEACHERS  §  383 

ployed,  would  be   at  a  regular  or  special  meeting  of  the 
school  board. 

27.  A  teacher's  only  recourse  against  a  school  board 
that  refuses  to  issue  a  warrant  for  salary  is  through  the 
courts. 

28.  A  teacher  is  under  no  obligation  to  make  up  time 
lost  when   school   is   closed   for   the   purpose   of   repairing 
buildings.     If  a   teacher   absents  himself   a   day  or  more 
from  his  work,  he  himself  being  responsible  for  the  loss  of 
time,  he  must  make  good  the  loss  of  time  or  forfeit  his  pay. 

29.  A  school  board  cannot  compel  a  teacher  to  make 
up  time  lost  during  the  time  a  school  was  closed  because 
of  the  prevalence  of  a  contagious   disease;    Provided,  the 
teacher  holds  himself  in  readiness  to  teach,  subject  to  the 
order  of  the  board. 

30.  A  teacher  can  draw  her  wages  during  the  time 
that  a  school  is  closed  on  account  of  an  epidemic. 

31.  A  teacher  is  not  entitled  to  receive  pay  for  the 
time  lost  while  attending  a  teacher's  examination. 

32.  If  the   directors   authorize  the  use  of  the  school 
house  for  election  purposes,  the  teacher  is  entitled  to  pay 
for  time  thereby  lost. 

33.  If  a  teacher  is  ready  to  begin  school  at  the  time 
specified  in  his  engagement,  and  owing  to  neglect  of  duty 
on  the  part  of  the  school  board,  cannot  do  so,  he  is  not 
compelled  to  make  up  the  time  thus  lost,  but  is  entitled 
to  his  salary  from  the  time  specified  in  such  engagement. 

34.  If,   with   the   consent   of   the   directors   a   teacher 
holds  school  on  a  legal  holiday  to  make  up  for  a  day  lost, 
the  teacher  is  entitled  to  pay  for  the  full  month. 

35.  There  is  no  law  authorizing  a  teacher  to  draw  his 
salary  for  two  weeks  spent  in  attending  the  normal  insti- 
tute. 

36.  The   board   of   directors   has   no   right   to   deduct 
from  a  teacher's  salary  for  legal  holidays  occurring  during 
the  school   term. 

37.  If  the  board  of  directors  closes  the  term  of  school 
before  the  expiration  of  the  time  contracted  for,  the  teacher 
being  ready  to  fulfill  his  part  of  the  contract,  the  board  is 
liable  for  the  teacher's  salary  for  the  full  term  agreed  upon. 

38.  A   teacher   may   collect   salary   to   the   amount   of 
actual  damage  suffered  by  the  failure  of  the  board  of  di- 
rectors to  fulfill  its  part  of  the  contract. 

39.  A  teacher  may  collect  salary  for  the  number  of 
months  specified  in  the  contract  entered  into  with  the  board 
of    directors    of    the    school    district    where    he    teaches; 
Provided,    The    directors    have    not    contracted    with    the 

383 


§  383  TEACHERS 

teacher  to  pay  wages  in   excess   of  the   revenues  for  the 
year. 

40.  Under  a  written  contract  with  a  school  board  to 
teach  a  stated  length  of  time,  a  teacher  is  entitled  to  com- 
pensation  for   the   full   time,   although   the   school   should 
lapse    by    reason    of    the    residents    leaving    the    district; 
Provided,  The  teacher  has  fulfilled  her  part  of  the  contract 
and  expresses  her  willingness  to  complete  the  requirements 
of  her  agreement. 

41.  To    be    entitled    to    his    salary    for    the    day,    the 
teacher  should  remain  in  the  school  room  after  the  hour 
of  opening,  both  forenoon  and  afternoon,  a  sufficient  time 
to  determine  that  no  pupils  will  be  in  attendance. 

42.  A  teacher  having  agreed  upon  a  stipulated  salary 
can  receive  the  same  only  by  warrants  drawn  by  the  dis- 
trict secretary,   and   must  take   them  for   what   they   are 
worth.     It  would  not  be  proper  for  the  board  to  make  up 
any  discount  therein  by  an  additional  warrant.    The  board 
might  however  increase  the  salary  at  a  regular  meeting  so 
as  to  cover  such  deficiency. 

43.  When  school  district  warrants  are  sold  at  a  bank 
or  elsewhere  and  a  discount  is  charged,  the  holder  of  the 
warrant  must  bear  the  loss. 

44.  Where    a    county    superintendent    calls    a    county 
institute  or  teachers'  association,  he  has  not  the  right  to 
rule  that  the  district  must  pay  the  teacher  the  same,  as  if 
she  had  taught  school,  although  the  school  board  has  the 
right  to   allow   the   teacher   such   time   and   pay   her   for 
it  upon   the   request   of   the   county  superintendent.     The 
authority  in  the  matter  rests  with  the  district  board. 

45.  The  law  makes  no  provision  concerning  a  secre- 
tary sending  a  teacher  her  warrant,  but  it  would  be  ad- 
visable for  the  members  of  the  board  to  sign  these  war- 
rants at  their  meeting  and  send  the  same  to  the  teacher. 

Employment. 

46.  Since  the  law  gives  the  board  the  right  to  employ 
and  discharge  teachers  and  to  fix  and  order  their  wages, 
the   electors  of   the   district  could   have   no   voice   in   the 
matter,  and  while  the  patrons  of  the  school  would  have  a 
right  to  circulate  a  petition  requesting  the  board  to  en- 
gage a  certain  teacher,  the  board  would  have  the  right  to 
ignore  the  petition  if  they  desired  to  do  so. 

47.  A  school  board  has  the  absolute  right  to  engage 
the  teacher,  or  teachers,  for  the  school  district.     The  fact 
that  a  majority  of  the  taxpayers  sign  a  petition  making  a 
protest   against  the  selection   made   by   the   board   cannot 

384 


TEACHERS  §383 

In  any  way  affect  the  legal  right  or  the  action  of  the  board 
in  the  matter  of  the  appointment  of  a  teacher. 

48.  One  member  of  a  school  board  cannot  legally  em- 
ploy a  teacher  except  when  ordered  to  do  so  by  board  or  at 
a  regular  or  special  meeting. 

49.  If   a  misunderstanding  occurs  as  to  the  employ- 
ment of  a  teacher  and  two  of  the  board  refuse  to  enter  into 
a  contract  with  the  teacher  who  was  chosen  by  the  other 
member,  the  teacher  could  not  legally  claim  her  appoint- 
ment. 

50.  In  case  a  summer  school  is  to  begin  in  a  district, 
either  before  or  on  the  day  upon  which  the  annual  election 
is  held,  it  would  be  legal  for  a  board  to  engage  a  teacher 
for  such  a  school. 

Special  subjects  required. 

51.  The  law  makes  the  same  requirements  of  the  prin- 
cipal or  teachers  of  a  county  high  school  as  of  any  school 
of  high  grade.     Therefore,  a  special  certificate  covering  the 
high   school  branches  must  be   obtained  by  the  applicant 
who  expects  to  teach  in  a  county  high  school. 

52.  It  is  the  duty  of  the  teacher  to  teach  whatever 
branches  may  be  specified  by  the  school  board,  since  that 
body  is  given  the  right  to  establish  a  course  of  study  for 
the  school  of  its  district.    If  the  teacher  has  failed  to  teach 
the  branches  requested  by  the  board,  it  would  probably  not 
be  sufficient   reason   for  the  board's   refusing  to  sign   the 
warrant  for  her  services  as  teacher  for  the  time  she  has 
been  employed  in  the  school,  yet  it  is  possible  that  it  might 
be   held   as    sufficient   grounds   for   the    dismissal    of   said 
teacher. 

53.  If  a  teacher  has  been  employed  to  teach  a  certain 
department  of  a  school,  the  school  board  would  not  have 
the   right   to    close   another   department   and    require    one 
teacher  to  do  the  work  of  both  departments,  unless  such 
an  arrangement  had  been  made  in  the  contract  entered  into 
between  the  teacher  and  the  board. 

54.  A    teacher    cannot    be    required    to    teach    instru- 
mental  music  in  a  school,   as  the   branch   is  not  one  in- 
cluded in  the  requirements  of  a  common  school  course. 

Dismissal. 

55.  A  school  board  may  dismiss  a  teacher  for  incom- 
petency  or  immorality.     A  county  superintendent  may  re- 
voke a  certificate  of  any  kind  at  any  time  for  immorality, 
incompetency  or  any  just  cause. 

56.  The  laws  of  this  state  make  it  impossible   for  a 
school  board  to  discharge  a   teacher  without  some   cause 

385 
13 


§  383  TEACHERS 

that  would  be  considered  in  the  court  a  sufficient 
for  breaking  the  'contract  between  the  teacher  and  the 
school  board.  Incompetency,  immorality,  drunkenness,  etc., 
are  the  reasons  that  have  been  held  sufficient. 

57.  A  teacher  cannot  be  legally  dismissed  before  the 
expiration  of  the  time  for  which  she  is  engaged  "without 
good   cause  shown,"  und   if  so   dismissed   she   can   collect 
full   salary;    Provided,   She  holds  herself  in  readiness   to 
fulfill  her  part  of  the  contract. 

58.  Two  members  of  a  school  board  have  the  right  to 
dismiss  a  teacher  for  cause,  providing  their  action  is  taken 
at  a  regular  or  special  meeting  of  which  all  members  of 
the  board  have  notice. 

*  59.  A  teacher  cannot  be  legally  dismissed  before  the 
expiration  of  the  time  for  which  he  is  engaged,  without 
good  cause  shown,  unless  there  is  a  clause  in  the  contract 
making  provision  for  such  contingency. 

60.  The  school  board  has  in  its  power  to   dismiss  a 
teacher  for  incompetency  or  immorality.     But  "no  teacher 
shall  be   dismissed  without   good   cause  shown,   and   such 
teacher    shall    be    entitled    to    receive    pay    for    services 
rendered."     In  order  to  make  good  charges  of  immorality 
specific  acts  must  be  declared  and  supported  by  affidavits 
of   witnesses.     The   possession   of   a   proper   certificate    of 
qualification   is  prima   facie   evidence   of   competency   and 
fitness.     The   law   provides   that   a   county   superintendent 
"may  revoke  .certificate  of  any  grade  at  any  time  for  im- 
morality, incompetency  or  any  other  just,  cause."     If  satis- 
fied that  the  charges  can  be  sustained  by  proof,  the  proper 
course  for  the  board  is  to  bring  the  matter  to  the  atten- 
tion of  the  county  superintendent,  with  a  request  that  he 
make  use  of  the  power  granted  him  by  the  law. 

61.  A    certificate    to    teach    cannot    be    revoked    by    a 
county  superintendent  without  having  good  and  sufficient 
reasons  for  so  doing.    Alleged  exorbitant  wages  namefl  in  a 
contract  between  him  and  the  directors  of  a  district  would 
not  be  lawful  reason  for  revoking  a  certificate,  unless  fraud 
of  some  kind  could  be  shown. 

62.  If  a  teacher  employed  in  the  schools  is  incompe- 
tent to  give  instruction  in  any  of  the  subjects  provided  in 
the  course  of  study  for  that  district,  the  board  of  directors 
would  have  cause  for  discharging  such  teacher. 

Expiration  of  certificate. 

63.  A  teacher  cannot  legally  teach  two  months  after 
her  certificate  has  expired.     In  case  of  the  employment  of 
a  teacher  under  such  conditions,  any  elector  could  make 

386 


TEACHEUS 

legal  objection  to  her  receiving  payment  from  the  school 
funds,  and  a  school  board  responsible  for  the  payment  of 
her  wages  under  such  conditions  would  be  liable  for  the 
i amount  of  the  wages. 

64.  It  is  not  legal  for  a  school  board  to  engage  a 
|  teacher  who  has  no  certificate,  or  whose  certificate  has  ex- 
piivd,  permitting  her  to  open  a  school,  except  under  the  pro- 
visions of  the  law  permitting  a  teacher  to  teach  one  month 
[after  the  expiration  of  her  certificate. 

G5.  Permission  to  teach  one  month  after  the  expira- 
tion of  certificate  is  for  the  purpose  of  providing  against 
closing  the  school  in  case  of  the  failure  of  the  teacher  to 
obtain  certificate  at  the  last  county  examination. 

Authority  over  pupils. 

66.  Respecting  the  jurisdiction  of  teachers  over  pupils 
on  their  way  to  and  from  school,  it  has  been  recognized 
that  the  authority  over  pupils  is  joint  and  equal  with  that 
of  the  parent.     However,  authority  over  pupils  when  not 
on  the  school  premises  should  be  confined  to  protecting  and 
promoting  the  welfare  of  the  school.     The  teacher  should 
|seek  the  co-operation  of  the  parent,  if  possible,  in  the  gov- 
ernment of  a  child  to  and  from  school,  for  the  sake  of 
avoiding  unnecessary  friction. 

Pupils — admittance  to  grade. 

67.  A  school  board  has  the  right  to  make  the  regula- 
tions concerning  the  admittance  of  pupils  to  a  certain  grade 
of  the  school  when  the  fall  term  commences,  said  pupils 
having  failed  to  pass  the  examination  given  in  the  spring, 
and  also  to  authorize  the  principal  to  make  such  rules  and 
regulations  and  to  enforce  them  as  if  made  by  the  board 
as  a  body. 

Janitor  work  not  required  of  teacher. 

68.  A  teacher  is  not  required  to  do  janitor  work  in 
this  state  unless  the  contract  into  which  he  has  entered 
with  the  district  board  distinctly  states  that  such  be  the 
case. 

Married  women  may  teach. 

69.  While  the  law  does  not  state  that  married  women 
living  with  their  husbands  shall  be  allowed  to  teach,  there 
is  no  law  prohibiting  any  person  eighteen  years  of  age, 
who  can  obtain  a  certificate,  from  teaching,  save  when  a 
member  of  the  school  board. 

Relatives  of  directors  may  teach. 

70.  The  laws  of  Colorado  do  not  make  it  illegal  for 
members   of   school    boards   to   vote   for   relatives   of   any 
degree  as  teachers. 

387 


§  384  TEACHERS 

71.  The   fact   that   a  parent   is   a   director   upon   the 
school   board   would   not  prevent   a   daughter   who   has   a 
legally  issued  certificate  from  being  eligible  to  a  position 
as  teacher  in  the  district. 

Husband  and  wife  teacTi  in  same  school. 

72.  The  laws  of  Colorado  do  not  in  any  way  prohibit 
a  husband  and  wife  from  teaching  in  the  same  school. 

384.  Teachers  to  keep  register — statistics — 
blanks.  It  shall  be  the  duty  of  the  teacher  of  every 
public  school  in  this  state  to  keep,  in  a  neat  and 
businesslike  manner,  a  daily  register  in  such  form 
and  upon  blanks  as  shall  be  prepared  by  the  super- 
intendent of  public  instruction.  At  the  close  of  each 
term  of  school,  not  to  exceed  four  months,  the 
teacher  shall  file  the  summary  in  such  register,  and, 
in  ungraded  schools,  file  the  register  with  the  secre- 
tary of  the  district,  who  shall  preserve  the  same ;  in 
graded  schools  the  register  aforesaid  shall  be  filed 
with  the  principal  or  superintendent  of  the  district, 
in  which  case  said  principal  or  superintendent  shall 
make  an  abstract  of  the  summaries  of  all  such  reg- 
isters upon  blanks  prepared  by  the  superintendent 
of  public  instruction,  and  file  the  same  with  the  sec- 
retary, which  shall  also  be  preserved.  The  teacher, 
principal  or  superintendent,  as  the  case  may  be,  who 
is  in  charge  of  the  last  term  of  school  in  any  school 
year,  shall  file  with  the  secretary  a  summary  of  the 
statistics  for  the  year,  as  shown  by  the  summarized 
reports  of  all  the  terms  during  the  year.  The  prin- 
cipal teacher  of  every  public  school,  within  one 
week  after  the  beginning  of  each  term,  shall  noti- 
fy the  county  superintendent  of  the  date  of  such 
beginning  and  the  proposed  length  of  the  term. 
Nothing  in  this  section  shall  be  construed  to  prohibit 
any  district  board  from  requiring  teachers,  prin- 


TEACHERS  §384 

Icipals  and  superintendents  to  keep  any  additional 
registers  and  records  of  statistics  which  such  board 
may  deem  advisable.  Until  the  registers,  summaries 

]and  abstracts  herein  above  described  have  been  filed 
as  aforesaid,  it  shall  be  unlawful  for  the  officers  of 
any  district  to  draw  a  warrant  for  the  last  month's 

[salary  of  any  teacher,  principal  or  superintendent 
whose  duty  it  is  to  make  and  file  such  register,  sum- 
mary or  abstract.  All  blanks  required  in  the  execu- 
tion of  this  section  shall  be  supplied  by  the  super- 
intendent of  public  instruction  to  county  super- 
intendents, and  by  them  to  district  secretaries. 
— R.  S.  5995 

Forfeiture  of  salary  upon  failure  to  make  report. 

1.  Teachers   should   submit   records    of   statistics    or 
summaries  as  required,  and  unless  they  are  duly  filed,  they 
cannot  draw  the  last  month's  salary. 

2.  No  part  of  the  last  month's  salary  of  a  teacher 
should  be  paid  until  the  reports  required  by  law  are  made 
and  filed  according  to  specifications. 

3.  In  a  district  where  there  are  two  schools,  the  dis- 
trict teachers  should  send  in  separate  reports  to  the  county 
superintendent  and  secretary. 

4.  It  is  the  duty  of  every   teacher  to  keep   a  daily 
register  and  at  the  close  of  each  term  of  school,  not  to 
exceed  four  months,  fill  the  summary  in  such  register,  and, 
in  ungraded  schools  file  the  register  with  the  secretary  of 
the  district,  who  shall  preserve  the  same. 

Jurisdiction  of  teacher. 

5.  A   teacher   has    power    to   temporarily   suspend   a 
pupil,   at   least   long   enough   to   notify    the   board   of   the 
causes,   and   ask   that  such   pupil   be    suspended,    and   the 
board  would  be  justified  in  acting  on  such  recommendation 
although  the  teacher  would  have  no  power  himself  to  make 
such  suspension. 

6.  In  the  absence  of  any  rules  and  regulations  pre- 
scribed for  the  government  of  the  schools  by  the  board  of 
directors,  it  is  within  the  power  of  the  teacher  to  make 
such  reasonable  rules  and  regulations,  and  to  enforce  them, 
in  the  same  manner,  subject  always  to  the  supervision  of 
the  board  of  directors. 

389 


§  384  TEACHERS 

7.  A  teacher  has  a  right  to  compel  the  pupils  in  the 
respective  grades  to  take  all  the  studies  prescribed  for  that 
grade,   unless  rules  of  the  school  board  are   in  existence 
which  would  excuse  a  pupil  for  valid  reasons. 

8.  It  is  the  teacher's  right  to  establish  any  regulations 
for  the   discipline   of  the  school  that  are  not  in   conflict 
with  the  already  established  rules  of  the  school  board. 

9.  When  a  pupil  leaves  school,  taking  his  books  with 
him,  it  being  understood  that  he  has  permanently  left  the 
school,  his  name  should  be  immediately  dropped,  instead 
of  being  counted   as  a  member  for  three   days   after  his 
departure. 

10.  The  teacher  of  a  public  school  has  control  to  a 
reasonable  extent  of  a  child  during  school  hours  and  while 
on  the  school  grounds.     A  child  would  not  have  the  right 
to  leave  the  school  grounds  after  he  has  reached  the  school 
in  the  morning  or  to  leave  the  grounds  at  noon  if  he  did 
not  go  to  his  home  at  noon,  but  remained  in  the  school 
house. 

11.  Respecting  the  jurisdiction  of  teachers  over  pupils 
on  their  way  to  and  from  school,  it  may  be  stated  that  the 
legal    decisions    in   the   majority    of   states    recognize    the 
authority  of  the  teacher  as  concurrent — that  is,  joint  and 
equal — with  that  of  the  parents.     In  some  states,  decisions 
have   been  made  which   give  the   school  authorities  some 
control    over   pupils    and    their   conduct    after    they    have 
reached  home  from  school.    However,  authority  over  pupils 
when   not  on   the   school   premises    should   be   confined   to 
protecting  and  promoting  the  welfare  of  the  school.     Such 
acts  only  as  directly  affect  harmfully   the  discipline   and 
teaching  of  the  school  should  be  taken  cognizance  of.    For 
example,  truancy,  wilful  tardiness,  quarreling  with  other 
children,   the  use  of  indecent   and   profane   language,   etc. 
The  teacher  should  seek  the  co-operation  of  the  parent,  if 
possible,  in  such  matters,  for  the  sake  of  avoiding  unneces- 
sary friction. 

Duties. 

12.  It  is  the  duty  of  the  teacher  to  teach  high  school 
studies  when  such  studies  are  prescribed  by  the  board  of 
directors  as  a  part  of  the  course  of  study  at  the  time  of 
entering  into  the  contract. 

13.  The  teacher  has  a  right  to  her  hour's  intermission 
at   noon,    providing   she    teaches    the    requisite   six    hours 
through  the  day.     She  is  required  to  teach  school  from  9 
a.  m.  until  4  p.  m.,  unless  the  board  gives  her  permission 
to  finish  at  an  earlier  hour. 


390 


TEACHERS  §385 

Special  teacher. 

14.  The  law  makes  no  provision  whereby  the  board  of 
directors  of  a  district  can  appropriate  school  money  to  pay 
a  special  teacher  for  the  pupils  of  said  district  who  are 
unable  to  attend  the  regular  school. 

Directors'  power  over  teacher  and  pupils. 

15.  Under  the  constitution  and  laws  of  this  state  the 
board  of  directors  of  any  district  have  power  to  establish 
reasonable  rules  and  regulations  for  the  government  of  the 
schools  under  their  charge,  for  controlling  the  conduct  of 
teachers  and  pupils,  not  only  while  in  the  school  room,  but 
while  going  to  and  from  the  school,  and  such  reasonable 
rules  and  regulations  may  be  enforced  by  suspension,  ex- 
pulsion or  corporal  punishment,  as  the  board  of  directors 
may  determine. 

Dismissal. 

16.  In  order  to  make  good  charges  of  immorality  or  in- 
competency,  specific  acts  must  be  declared  and  supported 

affidavits  or  witnesses.  If  satisfied  that  the  charges  can 
sustained  by  proof,  the  proper  course  for  the  board  is 
to  bring  the  matter  to  the  attention  of  the  county  super- 
ntendent,  with  the  request  that  he  use  the  power  granted 
him  by  law. 

Physician's  certificate  not  required. 

17.  There   is  no  law   requiring  a  teacher  to  have  a 
physician's  certificate  of  good  health.     This  matter  is  gov- 
arned  by  the  board  of  directors. 

Unaccepted  papers  from  another  county. 

18.  Neither  the  state  superintendent  of  public  instruc- 
tion nor  the  state  board  of  education  have  the  power  to 
compel  a  county  superintendent  to  recognize  examination 
papers  prepared  under  the  supervision  of  the  county  super- 
ntendent  of  another  county,  as  this  is  a  mere  matter  of 
iomity  and  is  not  sanctioned  by  law. 

TEACHERS'    RETIREMENT   FUND 

385.  Teachers'  retirement  fund  under  control  of 
directors.  In  every  school  district  of  the  first  class 
there  may  be  created  a  school  teachers'  retirement 
fund,  which  shall  be  controlled  by  the  board  of 
school  directors  of  the  school  district,  concerned. 
—8.  L.  '09,  p.  512 

391 


§§  386-387  TEACHERS 

386.  Payable  to  whom.    The  board  of  directors 
in  any  such  district  is  hereby  authorized  to  estab- 
lish a  public  school  teachers'  retirement  fund,  and 
shall  be  authorized  to  pay  out  of  such  fund  a  sum 
not    to    exceed    forty    dollars    per    month    to    any 
man    teacher   sixty   years    of   age    or    any   woman 
teacher  fifty-five  years  of  age,  who  has  been  in  active 
service  as  a  teacher    for    a    period  of  twenty-five 
years,  of  which  not  less  than  fifteen  years  shall  have; 
been  within  said  school  district. 

The  board  of  school  directors  of  any  such  dis-. 
trict  may  also,  subject  to  the  above  limitations, 
make  provisions  for  such  teachers  as  may  become 
permanently  incapacitated  from  teaching,  while  in 
the  service  of  the  district ;  Provided,  however,  That 
the  said  beneficiary  shall  have  served  in  the  school 
district  for  a  period  of  not  less  than  ten  years. 

Any  teacher  of  such  school  district  coming  under 
the  provisions  of  this  act  who  may,  by  making  ap- 
plication, or  by  action  of  the  board  of  school  direct- 
ors, be  entitled  to  receive  the  benefit  from  the  pub- 
lic school  teachers'  retirement  fund  as  provided  for 
in  this  act  shall  not  be  entitled  to  receive  benefit 
while  drawing  a  salary  as  a  teacher  in  active  service. 

—8.  L.  '09,  p.  512 

387.  Mode  of  securing  fund.     The  moneys  for 
the  use  of  the  public  school  teachers'  retirement  fund 
shall  be  secured  by  a  special  levy  upon  the   said 
school  district,  such  special  levy,  however,  not  to 
exceed   one-tenth  of  one   mill,   and  from  any  gifts 
or    bequests    which    may    be    made    to    said    fund. 
— S.  L.  '09,  p.  513 


392 


APPENDIX 


FORMS 

FOR  THE  USE  OF  SCHOOL  OFFICERS  AND  TEACHERS 


No.  1.    Oath  of  School  Officers. 
(See  §§83,  93  and  111.) 


STATE  OF  COLORADO, 
COUNTY  OF 


,  do  solemnly  swear  (or  affirm)  that  I 

will  faithfully  perform  the  duties  of of  school 

district  No ,  in  the  county  of .to  the 

best  of  my  ability;  that  I  will  carefully  keep  and  preserve 
all  records,  books  and  other  property  of  the  said  district  that 
may  come  into  my  hands,  and  deliver  the  same  to  my  lawful 
successor  in  office;  and  that  I  will  support  the  constitution 
of  the  United  States  and  of  the  state  of  Colorado,  so  help  me 

God.  

[SEAL] 

Subscribed  and  sworn  to  before  me  this day 

of ,  19 . 


Note.  The  foregoing  .oath  should  be  taken  before  a  county 
superintendent,  notary  public,  justice  of  the  peace,  or  some 
officer  duly  authorized  by  law  to  administer  oaths.  The  county 
superintendent's  oath  should  be  filed  with  the  county  clerk 
within  thirty  days  after  his  election,  and  the  oath  of  district 
officers  should  be  filed  with  the  county  superintendent  within 
thirty  days  after  their  election. 

No.  2.    Oath  of  Judges  of  Election. 

do  solemnly  swear  (or  affirm)  that  I 


will  perform  the  duties  of  judge  of  election  according  to  law 
-and  to  the  best  of  my  ability;  that  I  will  studiously  endeavor 
to  prevent  fraud,  deceit  and  abuse  in  conducting  same;  that 
I  will  not  try  to  ascertain  how  any  electors  shall  vote,  and  if 
in  the  discharge  of  my  duties  such  knowledge  comes  to  me, 
I  will  not  disclose  the  same  unless  required  to  do  so  in  some 
court  of  justice,  so  help  nre  God. 


Subscribed  and  sworn  to  before  me  this day 

of -,  A.  D.  _ 

Judge. 

395 


APPENDIX— FORMS 


No.  3.     Oath  of  Witness  on  Appeal  to  County  Superintendent. 
You  do  solemnly  swear  (or  affirm)  that  in  the  matter  of 

the  appeal  of from  the  decision  or  order 

of  the  board  of  directors  of  school  district  No  of 

county,  Colorado,  now  being  heard  by 

the  county  superintendent  of  schools  of  said  county,  you  will 
tell  the  truth,  the  whole  truth,  and  nothing  but  the  truth,  so 
help  you  God. 

Note.    Section  10  provides  that  this  oath  may  be  adminis- 
tered by  county  superintendent  if  necessary. 


No.  4.     Oath  of  Witness  on  Appeal  Before  State  Board  of 
Education. 

You  do  solemnly  swear  (or  affirm)  that  in  the  matter  of 

the  appeal  of from  the  decision  of  the 

county  superintendent  of  schools  of county, 

Colorado,  now  being  heard  before  the  state  bo-ard  of  educa- 
tion of  said  state,  you  will  tell  the  truth,  the  whole  truth, 
and  nothing  but  the  truth,  so  help  you  God. 

Note.    Section  9  provides  the  state  board  of  education  shall 
have  power  to  administer  oaths  through  its  president. 


396 


APPENDIX— FORMS 


No.  5.    County  Superintendent's  Bond. 
(See  §83.) 

KNOW  ALL  MEN  BY  THESE  PRESENTS,  That  W6, 

and ,  of  the  county  erf 


and  state  of  Colorado,  are  held  and  firmly  bound  unto  the 
people  of  the  state  of  Colorado,  in  the  full  and  just  sum  of 

dollars,  lawful- money  of  the  United  States,  to 

which  payment,  well  and  truly  to  be  made,  we  bind  ourselves 
jointly  and  severally,  our  joint  and  several  heirs,  executors 
and  administrators,  firmly  by  these  presents. 

Ix  WITNESS  WHEREOF,  We  have  hereunto  set  our  hands 
and  seal  this day  of ,  A.  D.  19 

The  condition  of  the  foregoing  obligation  is  such,  That, 

whereas,  the  above  bounden was, 

on  the day  of ,  A.  D.  19 ,  duly 

elected  (or  appointed,  if  that  be  the  case)  county  superin- 
tendent of  schools  oi  the  county  aforesaid,  for  the  term  of 
two  years; 

Now,  THEREFORE,  if  the  said 

shall  faithfully  perform  all  the  duties  of  said  office,  accord- 
ing to  the  laws  which  now  are,  or  may  hereafter  be  in  force, 
and  shall  render  a  just  and  true  account  of  all  money  or 
other  property  which  may  come  into  his  hands  or  under  his 
control  as  superintendent  of  the  schools  of  said  county,  and 
shall  deliver  over  to  his  successor  in  office  all  moneys,  books, 
papers  and  property  in  his  hands  as  such  county  superin- 
tendent, then  this  obligation  shall  be  void;  otherwise  it  shall 
remain  in  full  force. 

r [SEAL] 

[SEAL] 

[SEAL] 

Signed,  sealed  and  delivered  in  the  presence  of 


Note.  The  penal  sum  named  in  the  bond  is  to  be  fixed  by 
the  board  of  county  commissioners,  but  in  no  case  shall  the  sum 
be  less  than  $2,000. 


397 


APPENDIX— FORMS 


No.  6.     Petition  of  Parents  and  Guardians  Who  Desire  to  Form  a 

New  District  from  Parts  of  One  or  More  Old  Ones. 

(See  §131.) 

To , 

County  Superintendent  of  Schools  of County, 

Colorado. 
We,  the  undersigned,  residents  of  district  (or  districts) 

No. ,  respectfully  represent  that  we  desire  to  form  a 

new  district,  with  boundaries  as  follows,  viz.:  [Here  de- 
scribe the  proposed  bounds,  following  government  lines  as 
far  as  practicable.]  We  further  declare  that,  collectively, 
we  are  the  parents  or  guardians  of  at  least  ten  children  f 
school  age,  and  we  hereby  certify  that  the  list  of  names  of 
persons  of  school  age  which  is  attached  to  and  made  a  part 
of  this  petition,  is  a  correct  list  of  all  such  persons  residing 
in  the  proposed  district. 


NAME. 

NAME. 

NAMES    OF   PERSONS    OF    SCHOOL   AC.E. 


Note.  Give  postoffice  address  of  signers.  The  list  of  children 
should  be  carefully  filled  up  by  some  person  interested  in  the 
change  before  the  paper  is  circulated  for  signatures. 


398 


APPENDIX— FORMS 


No.  7.    Order  Directing  a  Petitioner  to  Give  Notice  of  Meeting  to 

Form  New  District. 

(See  §131.) 

OFFICE  OF 

COUNTY  SUPERINTENDENT  OF  SCHOOLS, 
COUNTY  COLORADO. 


To 

You  are  hereby  notified  that  I  have  received  a  petition 
signed  by  yourself  and  others,  informing  me  that  you  desire 
to  form  a  new  school  district  of  the  territory  described  as 
follows,  to-wit:  [Description  as  above.]  In  order  that  the 
wishes  of  the  residents  of  said  proposed  district  may  be 
ascertained,  you  will  please  notify,  by  personal  service  as  far 
as  convenient,  each  elector  residing  therein,  and  also  post 
notices  in  three  public  places  (one  of  which  shall  be  the 
place  of  meeting)  that  such  a  petition  has  been  made,  and 
that  a  meeting  will  be  held,  naming  the  time  and  place  of 
such  meeting,  to  determine  whether  such  district  shall  be 
formed.  You  will,  also,  please  notify  me  by  mail  of  the  time 
and  place  of  such  meeting. 

Respectfully  yours, 


County  Superintendent. 

Note.  In  the  formation  of  a  new  district,  every  step  should 
be  strictly  in  accordance  with  the  law,  and  the  notices  posted 
should  contain  a-  clear  description  of  the  proposed  district. 


399 


APPENDIX— FORMS 


No.  8.     Notice  for  a  Meeting  to  Organize  a  New  District. 

SCHOOL    DISTRICT    MEETING. 
TO  ALL  WHOM   IT  MAY   CONCERN: 

WHEREAS,  It  is  proposed  to  organize  a  new  scho-ol  dis- 
trict in  that  part  of County  described  as 

follows,  to-wit:  [Description.]  Notice  is  hereby  given,  as 
per  direction  of  the  county  superintendent  of  public  schools 
of  said  county,  that  a  meeting  of  the  electors  residing  within 

the  boundaries  aforesaid  will  be  held  at on 

the .  day  of ,  A.  D.  19 ,  at 

o'clock  m.,  when  a  vote  will  be  taken  by 

ballot  on  the  question  whether  or  not  the  proposed  district    > 
shall  be  organized.    If  the  vote  shall  be  in  the  affirmative,  a 
board  of  directors  will  then  be  elected. 

By  order  of .. County  Superin- 
tendent of  Schools. 


Dated ,  19 . 

Note.  After  the  organization,  a  copy  of  the  notice  and  of  the 
proceedings  of  the  meeting  should  be  sent  to  the  county  superin- 
tendent. 

The  ballot  box  should  be  kept  open  long  enough  to  give  every 
elector  an  opportunity  to  vote — never  less  than  three  hours. 

If  the  proceedings  were  in  accordance  with  the  law,  the 
county  superintendent  should  number  and  record  the  district, 
arid  notify  the  secretary  of  his  action. 


400 


APPENDIX— FORMS 

No.  9.     Recording  Proceedings  of  a  Meeting  Held  for  the  Purpose 

of  Organizing  a  New  School  District. 

(See  §§131  and  132.) 

,  19 

On  the day  of ,  19 ,  a 

petition,  of  which  the  following  is  a  true  copy,  was  made  to 

,  county  superintendent  of  public  school 

of County,  to-wit:    (Here  copy  the  petition.) 

Whereupon  the  said  county  superintendent  issued  an  order, 
of  which  the  following  is  a  copy,  to-wit:  (Here  insert  copy 
of  the  order.)  In  obedience  to  which  order  the  following 
notice  was  posted,  as  required  by  section  131  of  the  school 
law,  to-wit:  (Here  insert  a  copy  of  the  notice.) 

In  pursuance  of  the  above  notice,  the  electors  of  the  pro- 
posed new  school  district  assembled  at at 

o'clock m.    The  meeting  was  called  to  order  by _ 

,  and,  on  motion, was 

elected  chairman,  and secretary. 

On  motion, .  was  elected  to  act  with 

the  chairman  and  secretary  as  judges  of  election.    On  motion 

of ,  the  electors  began  ta  vote  by 

ballot  upon  the  question  of  forming  a  new  school  district. 
The  ballot  box  remained  open  for  the  reception  of  votes  from 

o'clock .  m.,  until o'clock m.    Upon 

counting  the  ballots  it  was  found  that ballots 

were  cast,  of  which were  in  favor  of  the  organi- 
zation and against. 

On  motion  of ,  the  meeting 

proceeded  to  elect,  by  ballot,  a  board  of  directors.  The  fol- 
lowing are  the  names  of  the  persons  voting:  (Here  record 
the  names  of  persons  voting.)  The  ballot  resulted  in  the 

election  of ,  president; . 

,  secretary,  and ,  treas- 
urer, etc.,  etc. 

On  motion  of the  meeting 

adjourned  sine  die. 

Attest:    .  Chairman. 

Secretary. 

Note.  A  copy  of  the  proceedings  should  be  sent  to  the  county 
superintendent,  together  with  the  certificate  of  some  elector,  that 
the  notice  of  the  meeting  was  posted  in  three  public  places,  as 
required  by  law.  The  person  who  posted  the  notice  should  sign 
the  certificate  of  posting. 

If  the  district  is  formed  from  unorganized  territory,  the  sec- 
retary must  send  with  this  report  a  certified  list  of  the  names  of 
persons  of  school  age  residing  in  the  district. 

A  permanent  record  of  the  proceedings  should  be  made  in  the 
secretary's  books. 

401 


APPENDIX— FORMS 

No.  10.     Bond  to  Be  Given  by  the  Secretary  or  Treasurer  of  Each 
School   District. 

(See  §111.) 

STATE  OF  COLORADO,      » 
COUNTY  OP j 

KNOW  ALL  MEN  BY  THESE  PRESENTS,   That  W6,  — 

,  principal,  and ,  and 

: ,  sureties,  are  held  and  firmly 


bound  unto  School  District  No.  ,  in  the  County  of 

,  state  of  Colorado,  in  the  full  sum  of 

dollars,  lawful  money  of  the  United  States, 

to  which  payment,  well  and  truly  to  be  made,  we  bind  our- 
selves jointly  and  severally,  our  joint  and  several  heirs, 
executors  and  administrators,  firmly  by  these  presents. 

IN  WITNESS  WHEREOF,  We  have  hereunto  set  our  hands 

and  seals  this day  of ,  A.  D. 

19 

THE    CONDITION    OF    THE    FOREGOING     OBLIGATION     IS     SUCH, 

That,  whereas,  the  above  bounden 

was,  on  the day  of ,  A.  D.  19 , 

duly  elected    (or  appointed)    Secretary    (or   Treasurer)    of 

School  District  No. ,  in  the  county  of •-    , 

and  state  of  Colorado,  for  the  term  of !_ 

Now,  THEREFORE,  If  the  said and 

shall  faithfully  discharge  all  the  duties  of  said  office,  accord- 
ing to  the  laws  which  now  are,  or  which  may  hereafter  be 
in  force,  and  shall  faithfully  apply  all  moneys  which  may 
come  into  his  hands  by  virtue  of  said  office,  and  shall  deliver 
over  to  his  successor-  in  office  all  moneys,  books,  papers  and 
property  in  his  hands  as  said  officer,  within  ten  days  after 
the  same  shall  have  been  demanded  by  such  successor,  then 
this  obligation  shall  be  void;  otherwise  it  shall  remain  in 
full  force. 

__  [SEAL] 

_ [SEAL] 

[SEAL] 
Signed,  sealed  and  delivered  in  presence  of 


Note.  The  penal  sum  named  in  the  above  bond  should  be  at 
least  twice  the  amount  likely  to  be  in  the  hands  of  the  officer  at 
any  one  time  during  the  term  of  office,  and  the  bond  must  be 
filed  with  the  county  superintendent. 

402 


A  I  TENDIX— FORMS 

No.  11.     Request  to  Be  Made  by  Ten  Legal  Voters  of  a  District  to 

the  Board  of  Directors,  for  the  Calling  of  a  Special  Meeting. 

(See  §113.) 

To  the  Board  of  Directors  of  School  District  No. ,  in 

County,  Colorado: 

The  undersigned,  legal  voters  of  school  district  No. 

,  in  County,  Colorado,  request  you 

to  call  a  special  meeting  of  said  district  for  the  purpose 
of 

Dated  this  _   day  of ,  A.  D. 


NAME. 


NAME. 


No.  12.     Notice  of  Special   Election. 
(See§§  144  and  148.) 

Notice — A  special  meeting  of  the  legal  voters  of  School 

District  No. ,  in  the  county  of ,  called 

on  the  written  request  of  ten  legal  voters  (or  called  by  the 
district  board,  as  the  case  may  be),  will  be  held  at   (the 

district  school  house  or  other  place)  on  the day  of 

,  19 ,  at o'clock  (p.  m.),  for 

the  purpose  of  (here  specify  every  item  of  business  that  is  to 
be  brought  before  the  meeting). 


Secretary- 
Posted  ,  19 

Note.  This  notice  should  be  posted  at  least  twenty  days  pre- 
vious to  the  meeting,  in  three  separate  public  places  within  the 
district,  and  additionally  at  each  school  house. 

Business  not  specified  in  this  notice  can  never  be  lawfully 
transacted  at  such  special  meeting. 

If  such  special  meeting  is  for  election  of  school  officers,  the 
polls  should  be  kept  open  not  less  than  three  hours,  and  the  time 
of  opening  and  closing  should  be  mentioned. 

403 


APPENDIX— FORMS 

No.  13.     Notice  of  Annual  Election  Second  and  Third  Class 
Districts. 

NOTICE  is  HEREBY  GIVEN,  That  the  annual  meeting  of  the 

legal  voters  of  school  district  Nor. ,  in  the  county 

of ,  will  be  held  (at  the  school  house  or  other 

place;  or,  if  more  than  one  voting  place,  specify  each  place 

and  boundaries  of  such  precincts),  cm  Monday,  the 

day  of  May,  19 ,  for  the  purpose  of  electing  (one  or  more) 

directors,  as  provided  by  law. 

The  ballot  box  will  be  opened  at  the  hour  of 

m.,  and  close  at  the  hour  of m.,  and  at m. 

the  meeting  will  be  organized  for  the  transaction  of  any 
other  business  pertaining  to  school  interests  that  may  be 
brought  before  it. 


Secretary  of  School  District  No. . 

County  of 

Pasted  April ,  19 

Note.  The  secretary  of  the  district  should  give  at  least  six 
days'  previous  notice  of  the  regular  meetings  of  the  district  (see 
section  142),  and  should  post  the  notices  in  the  same  manner  as 
for  special  meetings,  and  the  ballot  box  must  be'  kept  open  not 
less  than  three  hours. 

No.  14.     Notice  of  Biennial  Election  (First  Class  Districts). 

Notice  is  hereby  given,  that  the  biennial  election  of  the 

legal  voters  of  school  district  No. ,  in  the  county 

of ,  state  of  Colorado,  will  be  held  (men- 
tion different  polling  places  and  define  boundaries  of  each 

voting  precinct)  on  Monday,  the day  of  May,  191 , 

for  the  purpose  of  electing members  of  the 

board  of  education  as  provided  by  law. 

The  ballot  boxes  will  be  opened  at  7  o'clock  a.  m.  and 
close  at  7  p.  m.  of  said  day. 

Dated  April  ,  191 


Secretary  of  the  Board  of  Education 

of  School  District  No. 

County  of 


Note.  This  notice  shall  be  posted  in  at  least  three  public 
places,  and,  additionally,  published  weekly  for  the  four  weeks 
next  preceding  such  election  in  some  newspaper  published  in  the 
district;  and,  in  districts  having  a  school  population  of  over  three 
thousand,  shall  be  posted  and  published  for  a  period  of  eight 
weeks  next  preceding  such  election. 

404 


APPENDIX— FORMS 


No.  15.     Recording  Proceedings  of  a   Regular  or  Special   Meeting 
of  the  District. 

The  regular  (or  special,  as  the  case  may  be)  meeting  of 
school  district  No. ,  in county,  Colo- 
rado, convened  at ,  at o'clock  (p.  m.), 

pursuant  to  previous  notice  given  by  the  district  secretary. 

The  meeting  was  called  to  order  by  the  president. 

The  secretary  being  absent,  on  motion  of  Mr.  — , 

was  elected  secretary  pro  tern. 

Mr.  moved  that  a  tax  of  two  mills  on.  the 

dollar  be  voted  for  the  purpose  of  building  a  school  house 
for  the  district. 

Mr. moved  to  amend  by  striking  out  "two" 

and  inserting  "five,"  which  was  agreed  to,  and  the  motion  as 
amended  was  decided  in  the  affirmative. 

Mr.  moved  that  a  tax  of  one  mill  on  the 

dollar  be  levied  for  the  purpose  of  defraying  the  contingent 
expenses  of  the  district. 

Motion  carried. 

On  motion  of  Mr.  the  meeting  adjourned 

sine  die. 


President. 

Attest: , 

Secretary. 

Note.  Forms  9  and  15  are  given  with  a  view  of  assisting  the 
inexperienced.  Persons  familiar  with  such  duties  may  vary  the 
form,  provided  that  the  proceedings  are  accurately  recorded. 

Much  depends  on  the  recofd  of  the  proceedings  of  the  district 
meeting,  hence  it  should  be  correctly  made  and  carefully  pre- 
served. 

Under  the  law,  the  voting  of  a  tax  for  any  purpose  must  be, 
in  each  year,  "On  or  before  the  day  designated  by  law  for  the 
county  commissioners  to  levy  the  requisite  taxes  for  the  then 
ensuing  year,"  and  school  boards  certify  the  same  to  the  county 
commissioners. 


405 


APPENDIX— FORMS 


No.  16.     County  Superintendent's  Notice  of  Apportionment  to  the 
District  Secretary. 

OFFICE  OF 

COUNTY  SUPERINTENDENT  OF  SCHOOLS, 
COUNTY,  COLORADO, 

To , 


Secretary  of  Schaol  District  No.  _     , 

In County: 

You  are  hereby  notified  that  I  have  this  day  apportioned 
to  your  district  the  sum  of dollars,  of  the  gen- 
eral school  fund,  which  amount  has  been  placed  to  the  credit 
of  your  district  on  the  books  of  the  county  treasurer. 


County  Superintendent. 

Note.    This   notice   should   be   sent  immediately   after   each 
apportionment. 


406 


ATI  'ENDIX— FORMS 


No.  17.    Teacher's  Contract. 


At  a  regularly  called  meeting  of  the  Board  of  Directors 

of  School  District  No. ,  in County, 

Colorado,  held  this day  of L,  191 , 

you  were  employed  to  teach  in  the  public  school  of  said  dis- 
trict for  the  period  beginning  Monday, 191 , 

and  ending ,  191 ,  at  a  salary  of 

dollars  per  school  month,  payable  monthly  in  school  war- 
rants as  provided  by  law. 

The  conditions  of  your  employment  are  that  you  will 
faithfully  observe  the  rules  and  regulations  adopted  by  the 
board  for  the  government  of  said  school ;  that  you  will  exer- 
cise reasonable  diligence  in  looking  after  the  preservation  of 
school  buildings,  grounds,  furniture,  books,  and  all  other 
school  property  under  your  jurisdiction;  that  you  will  make 
promptly  and  correctly  all  reports  of  the  school  required  by 
the  county  superintendent;  that  you  will  keep  a  correct 
register  of  the  school,  and  file  the  same  with  the  president  or 
secretary  of  this  board  or  the  principal  of  the  school  at  the 
close  of  -the  school  year  as  required  by  law;  and  that  you 

will  hold  a  legal  certificate  of  the : grade,  issued 

or  endorsed  by  the  county  superintendent  of  the  county. 


President. 

Attest: 


Secretary. 

I  hereby  accept  the  above  employment  upon  the  condi- 
tions stated. 


Teacher. 


407 


INDEX 


Index 


Note — Numbers  at  riyJit  refer  to  sections  of  the  law,  enabling 
act  and  constitution;  numbers  at  left  refer  to  decisions  of  the 
state  superintendent;  letters  to  court  decisions,  except  the  letter 
"n"  which  refers  to  notes,  each  appearing  under  the  section  of 
law  as  numbered  at  the  right;  and  the  Roman  numerals  refer  to 
<iriiflrs  of  tlic  constitution  onUi. 

A 

Accounts —  Section 

of  district  funds,  county  treasurer  render  statement 101 

of  each  district  kept  separate  by  county  treasurer 103 

of  district  expenses  by  secretary 116 

of  warrants  issued  by  district  kept  by  district  treasurer.. 121 

of  permanent  school  emergency  fund 167 

of  fines,   penalties   and  forfeitures 177 

Adjournment — 

school  board,   meetings  of 112 

of    district    meetings 148 

Admission — 

to    county    high    school 200 

to    union    high    school 212 

to    kindergarten    233 

to    public    schools 240 

to    agricultural    college 256 

to   deaf   and   blind 277 

to  industrial   school   for  boys 290 

to   industrial  school  for  girls '. 314 

to    state    normal    school 328-329 

to    school    of   mines 341 

to  dependent  and  neglected  home '. 345 

to   state   home   for   mental   defectives  - 3bl 

to   truant  school 354 

to   state   university 364 

Adults- 
admitted  to  public  school,  when 240 

Affidavit— 

on  appeal  to  county  superintendent — when  filed — contents. 6-7 

in  case  of  appeals 6-7-8 

of  secretary  to  census  list 97 

411 


INDEX 

Alcoholic  drinks  and  narcotics —  Section 

nature  ancl  effect  of,  taught  in  public  schools 1 

state  board  of  health  recommend  standard  works n  1 

saloon  certain  distance  from  school a  1 

require  study  of  hygiene  and  physiology  in  schools 1  1 

statute  prohibiting  sale  to  minors 2          1 

distance  saloon  from  school  building. . .  „ 3  1 

study  of,  enforced  by  school  officers— penalty 2 

effects  of,  taught  in  public  schools 239 

Animals — 

humane  treatment  of,  taught  in  public  schools 239 

/annexation — 

of  territory  to  district , 133 

Annual  meeting — 

for  election  of  members  of  school  board 142 

of  state  board  of  education 244 

Annual  report — 

of  county  superintendent  to  state  superintendent 91 

of  county  treasurer    101 

of  district  secretary  to  county  superintendent 116 

of  district  treasurer   121 

of  school  board  to  county  superintendent 124 

of  teacher 384 

Appeal — 

from  district  board  to  county  superintendent 5 

courts  no  right  to  interfere a  5 

final  decision  can  be  inquired  into b  5 

affidavit 6 

contents  of  affidavit 7 

superintendent  notify  secretary — transcript 8 

notice  to  parties 9 

hearing  appeal — oaths 10 

by  applicant  for  certificate  to  state  board 11 

from  county  superintendent  to  state  board — procedure 11 

taken  within  thirty  days — transcript 11 

president  of  board  may  administer  oath  on 11 

decision  of  board  final  on 11 

teacher  discharged  need  not  appeal a         11 

mandamus  not  control  discretion b         11 

courts  can  inquire  into  final  decision c         11 

state  board  cannot  change  boundaries d         11 

electors  fix  boundaries  new  district e         11 

court  can  review  decision  state  board f         11 

when,  how  and  by  whom  taken 1-2         11 

from  grading  examination  papers 3-5         11 

412 


INDEX 

Appeal — Continued  Section 

may  continue  school  during  pendency  of  appeal 6         11 

state  board  may  order  certificate  issued 7         11 

from  change  of  boundary 8-9         11 

no  judgment  for  money 12 

Appointments — 

of  county  superintendent  in  case  of  vacancy 85 

of  district  director  by  county  superintendent 89-95 

by  board  in  first  class  districts .* 123 

of  judges  and  clerks  of  election  in  first  class  districts 142 

of  members  of  high  school  committee 208 

Apportionment —  , 

of  general  fund — when  no  report  and  census  list  filed'. 120 

of  state  normal  institute  fund 176 

Apportionment  of  school  funds — 

published 94 

by  county  superintendent 98 

in  July — basis 99 

basis  of  all  apportionments 99 

according  to  census 100 

when  district  fails  to  report  census 120 

first,  after  the  organization  of  new  district 140 

of  money  from  unpaid  special  taxes  due  district  after  di- 
vision   140 

district  not  having  three  months  not  entitled  to 241 

to  state  normal  school 326 

by  superintendent  public  instruction 377 

Arbor  day — 

see   also   Holidays 222 

Assistant  librarian — 

appointment,  duty,  salary 378 

Attendance — 

at  night  school  allows  employment 57 

at  night  school  equivalent  to  half  time 73 

of  pupils — stated  in  report  of  board v 116 

Attorney  general — 

member  state  board  of  education IX  1 

approve  use  of  emergency  fund 168 

member  state  board  of  education 243 

B 
Ballot— 

at  meeting  to  issue  bonds — form 17 

for  refunding  bonds — form  of 38 

election  of  school  directors  by 142 

413 


INDEX 

Bible—  Section 

no  sectarian  tenets  taught  in  school IX  8 

directors  determine  use  of,  in  school 1-2  8 

no  religious  instruction  in  public  .schools 355 

directors  determine  use  of,  in  school 355 

Biennial  report — 

of  superintendent  of  public  instruction. TV         17 

of  superintendent  of  public  instruction 376 

Blind- 
adult  blind 280-283 

school  for  deaf  and 271-279 

Blank  books — 

see  Books. 

superintendent    of    public    instruction    print    and    furnish 
teachers  and  others 375 

Blank  forms — 
see  Forms. 

Blanks — 

for  reports  supplied  by  superintendent  public  instruction.  .384 

Board  of  county  commissioners — 
see  County  commissioners. 

Board  of  directors — 
see  Directors. 

Board  of  education — 

see  State  board  of  education. 

Bond — 

of  county  superintendent — amount — approval — filing 83 

of  secretary  of  school  board— conditions — approval — filing..  115 
of  state  superintendent  —  amount  —  approval  —  where  de- 
posited    373 

Bonds — 

question  of,  submitted  to  voters 13 

meeting  for  voting — school  building 13 

meeting  f«r  voting — purchasing  ground 13 

meeting  for  voting — funding  debt. ., 13 

only  tax  payers  vote 13 

lien  law  not  applicable  to  school  buildings a         13 

no  provision  for  petition 1         13 

qualifications  for  voting 2-9          13 

certificate  of  indebtedness 10-11         13 

funding  floating  debts 12         13 

in  consolidated  districts 13         13 

in  joint  districts 14         13 

amount  bonded  indebtedness  first  determined 14 

414 


INDEX 

Bonds — Continued  Section 

limitation  of  bonded  indebtedness 14 

maximum  amount  isswd 1         14 

cannot  create  debt  except 2-3         14 

certificate  of  indebtedness 4         14 

notice  of  election  posted 15 

ballot  boxes  open  three  hours 15 

ballot  box  for  bonds  open  at  regular  election 1         15 

number  voting  places  first  class  district K. 

directors  act  as  judges 16 

judges  absent,  vacancy  filled lf> 

form  of  ballot 17 

challenges  by  electors 18 

oath  when  challenged IS 

returns  certified  and  canvassed -in 

coupon  bonds  issued 20 

bonds  payable  to  bearer — how  signed. 21 

county  commissioners  assess  tax  to  pay 22 

government  land  not  taxable :i          22 

surplus  specin  1  fund  pay  past  indebtedness 1         22 

board  keep  record ~. .   23 

auditor  register  bonds 23 

district  in  city  with  special  charter 24 

no  person  vote  unless  registered,  when 24 

no  new  registration  required  except 25 

registration  for  last  general  election 25 

registration  books  furnished  by  county  clerk 2f> 

registration  committees  set,  when 26 

electors  not  registered,  how  registered 26 

electors  removing  from  precinct,  how  registered 27 

registration,  how  changed 27 

registration  books  kept  where 28 

county  clerk  not  furnish  copy 28 

petition  for  purging  list 29 

procedure  for  purging  list 2!» 

surplus  fund  applied  on  bonded  indebtedness 1         30 

redemption  of  bonds — premium 31 

treasurer  not  pay  more  than  5  per  cent  premium 31 

U.  S.  and  state  bonds  purchased  by  treasurer 32 

interest  coupons  collected  by  district  treasurer 32 

change  of  boundaries  not  release  property 33 

annexed  property  becomes  subject  to  bonds 33 

government  land  not  taxable a          33 

lands  not  subject  to 'tax 1          33 

lands  subject  to  tax 2-3         33 

county  treasurers'  fees  for  collection  of  tax 34 

115 


INDEX 

Bonds — Continued  Section 

refunding  bonds  when  issued 35 

refunding  bonds — interest  redemption 35 

refunding  bonds  not  exceed  8  per  cent 35 

what  laws  apply  to  issue  and  payment — except 36 

county  commissioners  levy  tax 37 

county  treasurer  collect  tax 37 

submission  for  refunding  bonds 38 

form  of  ballot  for  refunding 38 

County  high  school  bonds — 

notice  of  election  given  upon  petition 39 

notice  not  less  than  20  days 39 

person  offering  to  vote  may  be  challenged 39 

when  challenged  must  take  oath 39 

form  of  ballot 39 

bear  not  to  exceed  6  per  cent 39 

redeemable  not  less  than  10  years 39 

payable  not  less  than  20  nor  more  than  40  years 39 

may  be  payable  where 39 

how  signed 39 

registered  by  county  clerk 40 

what  stated  on  face  40 

commissioners  levy  tax 41 

principal  and  interest,  how  paid 41 

surplus,  how  used 41 

treasurer  advertise  for  bonds 41 

redeemed  and  cancelled 41 

redeemed — go  in  open  market 42 

change  in  boundary  not  release  property 43 

property  annexed  subject  to  bonds 43 

compensation  of  county  treasurer 44 

special  meetings — purpose — notice 45 

what  high  school  subject  to  act 46 

no  district  obliged  to  maintain  two  high  schools 46 

Books — 

see  Blank  books. 

used  in  school — stated  in  report  of  board 116 

of  secretary  open  for  inspection 119 

Boundaries — 

lines  of  district  changed — not  effect  bonds 33 

of  school  district — county  superintendent  make  record 96 

of  new  district  organized  from  old 131 

Branches — 

taught  stated  in  report  of  board 116 

common,  may  be  taught  in  German  and  Spanish  when 239 

416 


INDEX 

Buildings —  Section 

school  buildings  exempt  from  taxation X  5 

school  buildings  and  lots  exempt  from  taxation a  X  5 

distance  saloon  from 3  1 

bonds  for  erecting  and  furnishing  school 13 

lien  law  not  applicable  to a         13 

creating  debt  to  erect  or  furnish 143 

general  fund  not  used  for 164 

for  district  high  school — directors  build  or  lease,  when 220 

By-laws — 

directors  make 1 2:i 

C 

Cancellation — 

of  district  bonds 2'2 

Candidate — 

for  school  director  in  first  and  second  class  districts 143 

Census — 

see  School  census. 

Census  list — 

county  superintendent  examine,  correct 97 

basis  of  apportionment  for  school  fund 99,  100 

Certificate— 

of  secretary  to  the  record  on  appeal 81 

of  indebtedness    10-11         13 

of  attendance  of  child  at  school 56 

Certificates — 

state  board  grant  to  applicant  upon  appeal,  when 11 

revocation  of 47 

grades   of — renewal — record 47 

issuance  of  like  grade 47 

how  issued  in  first  class  districts 47 

first  class  districts  waive 47 

revoking  certificate  after  discharging a  47 

teacher  discharged  only  upon  hearing b  47 

teacher  employed  without  license,  how c  47 

-     certificate  not  collaterally  attacked  except d  47 

first  grade  certificate — renewal 1-6  47 

experience  necessary  for  first  grade 7-10  47 

duplicates 11-13  47 

like  grade 14-22  47 

renewal  optional  with  county  superintendent 23-24  47 

second  grade ..  . . : 25-27  47 

third  grade 28-30  47 

first  class  districts — examinations 31-38  47 

endorsement  of 39-41  47 

417 
H 


Certificates — Continued  Section 

revocation  of 42-44         47 

expired  certificates 45         47 

college  diploma  not  license  to  teach 46-48         47 

permits  not  granted 49         47 

appeals  from  county  superintendent 50-53         47 

authority  of  state  superintendent 54-57         47 

referred  certificate  law 47a 

temporary 149 

granted  by  county  superintendent,  when 149 

applicant  for  teacher's — pay  fee 174 

state  normal  school  diploma  is — to  teach 332 

expiration  of,  during  term ' ...  .383 

necessary  to  teach — expiration  of 383 

not  required,  when 383 

renewal  of — new 383 

Challenge — 

to  fight  duel— disqualify  from  office XII         12 

at  bond  elections 18 

of  vote  at  school  election — oath 143 

Children- 
compulsory  education IX         11 

prohibiting  sale  intoxicating  liquors  to 2  1 

unlawful  to  sell  cigarettes  to 3 

penalty  for  selling  tobacco  to 4 

Child  labor  law — 

not  emplos'-ed  under  14,  when 48 

not  employed  under  14  in  certain  business 48 

not  employed  under  14  during  school  hours 48 

certain  employment  considered  injurious 48 

children  employed  in  fruit  orchard,  etc 48 

exhibit  of  child  under  16 — exceptions 49 

employment  underground  works  under  16 50 

no  female  child  under  10  sell  newspapers  or  merchandise..  50. 

employer  keep  register 51 

school  certificate  required 51 

list  of  employed  posted  in  work  room 52 

age  and  school  certificate 53 

age  and  school  certificate,  how  approved 54 

proof  of  age 55 

employment   ticket 56 

form  of  school   certificates 56 

form  of  age  certificates 56 

illiteracy  . .  -. 56 

evening  school 56 

schooling  required 57 

418 


INDEX 

Children — Continued  Section 

C'hild  labor  law — Continued 

duties  of  state  inspectors  of  factories 58 

hours  of  labor 59 

prima  facie  evidence  of  employment 60 

enforcement  of  act 61 

child  excepted,  how -. 62 

application  filed  with  superintendent 62 

hearing  within  48  hours 62 

application  refused — reasons  furnished 62 

appeal  to  county  or  juvenile  court 62 

no  fee  charged  for  application  or  appeal *.. 62 

permit  issued  on  bond 62 

permit  subject  to  inspection  by  humane  society 62 

permits  revoked,  how 62 

penalties  for  violation  of  act 63 

penalties  second  violation 64 

Delinquent  children — 

definition  of  delinquency 65 

application  of  act 65 

evidence  not  used  in  other  cases 65 

penalty  for  violation 66 

delinquent  girls  under  18 67 

rhi/sical  examination — 

state  superintendent  prepare  test  cards 68 

teacher  or  principal  test  sight,  etc 68 

teacher  report  defectiveness 69 

notify  parents  of  defectiveness 69 

parent  without  funds  obtain  county  physician 69 

auditor  draw  warrant  for  expenses 70 

expense  not  exceed  $1,000  biennial  period 70 

school  board  provide  books  for  indigent 124 

of  county  attend  union  high  school 207 

age  of  6  attend  kindergarten 233 

Church — 

appropriation  to,  from  school  fund  prohibited IX  7 

school  fund  not  used  for  sectarian  doctrines 1  IX  7 

property  exempt  from  taxation 1     X  5 

Cigarettes — 

unlawful  to  give  or  sell  to  persons  under  16 3 

Citizen- 
qualification  of  ... VII  1 

wife  of  naturalized  alien  is 1  VII  1 

Classes — 

of  school   districts 110 

419 


INDEX 

Classification —  Section 

of  counties  fixing  compensation  of  county  superintendents  87 

Clerks— 

of  election  appointed  in  first  class  districts 143 

Committee — 

county  superintendent  ex-ofncio  secretary 195 

of  county  high  school 196 

term  of  office 196 

of  union  high  school 207 

term  of  members 208 

vacancies,  how  filled 208 

meetings  of 209 

powers  of .- 210 

elections  of 213 

of  union  high  school  fourth  and  fifth  class  county 218 

Common  schools — 

see   Public   schools — defined 238 

Compensation — 

of  county  treasurer  for  collecting  special  taxes 34 

of  truant  officer 75 

of  county  superintendent 87 

of  deputy  county  superintendent 89 

of  teacher,  stated  in  report  of  board 116 

of  secretary  school  board  fix 124 

none  to  members  of  board,  except  secretary 124 

of  deputy  counts'  superintendent  for  holding  examinations.  149 

of  secretary  of  high  school  committee 208 

teacher  not  dismissed  without  receiving 383 

withheld  until  register  is  filed  by  teacher 384 

Compulsory  education — 

provisions  concerning 11 

children  sent  to  school — exception — appeal IX  71 

law  not  prohibit  pupil  from  expulsion 1  71 

parents  cannot  avoid  law 2  71 

law  not  met  by  teaching  German 3  71 

instruction  at  home 4  71 

instruction  in  private  schools 5  71 

not  apply  to  deaf  and  dumb 6  71 

children  under  14  not  employed 72 

penalty  for  employing 72 

between  14  and  16  must  read  and  write 73 

duty  of  employer 73 

truant  defined 74 

juvenile  disorderly  person — defined 74 

school  directors  enforce  law 1  74 

420 


INDEX 

Compulsory  education  —  Continued  Section 

truant  officer  —  powers  —  duties  ..............................  75 

truancy  officer  third  class  districts  ........................   76 

truant  officer  —  duties  ...................................  ....   77 

conviction  of  parent  —  penalty  bond  defense  ................   77 

truant  officers  ..........................................  1         77 

juvenile  disorderly  person  —  commitment  ...................   78 

child  unable  to  attend  school  ...............................  79 

violation  of  act  —  penalty  ...................................   80 

second  conviction  —  trial  by  jury  —  penalty  ..................   81 

act  not  apply  to  districts  without  accommodations  .........   82 

Consolidated  districts  — 

consolidation  denned  .......................................  136 

boards  may  submit  question  ...............................  137 

call  meeting  to  organize  ....................................  138 

purchase  site  —  transfer  children  ............................  139 

Constitution  — 

i:.n  rii  tire  department  ..................................  IV 

term   of  office  —  residence  —  duties  —  seat   of  govern- 

ment  .............................................  IV           1 

state  officers  —  election  ..............................  IV           3 

eligibility  —  age  —  residence     .........................  IV           4 

vacancy  —  governor  appoint  .........................  IV           6 

governor  may  demand  information  from  officers.  .  .  .  IV           8 

officers  keep  account  of  moneys  —  semi-annual  re- 

ports  .............................................  IV         16 

officers    executive    department  —  biennial   report  — 

governor  transmit  .................................  IV         17 

officers  receive  salary  —  fees  paid  into  treasury  ......  IV         19 

superintendent  of  public   instruction,   ex-officio   li- 

brarian -----  .......................................  IV         20 

special  legislation  ...................................  V         25 

local  or  special  laws  prohibited  .....................  a  V         25 


ami  election  ..................................    VII 

citizenship  .........................................   VI  I  1 

residence  in  city,  town,  ward  and  precinct  ........  n  VII  1 

wife  of  alien  when  naturalized  ...................  1-2  VII  1 

absence  in  civil  or  military  service  .................  VII  4 

privilege  of  voters  from  arrest  .....................   VII  5 

electors  only  eligible  to  office  .......................   VII  6 

qualification  of  ...................................  1-5  VII  6 

prisoners  disqualified  —  restoration  —  panlon  or  full 

service    ...........................................    VII  In 

421 


INDEX 

Constitution— Continued  Section 

State  institutions VIII 

charitable  institutions  established VIII  1 

state  institutions — properties  and  moneys — location. VIII  5 

location  changed  when a  VIII  5 

classifications  of  appropriations b  VIII  5 

internal  improvement  includes  what c  VIII  5 

Education . IX 

board  of  education — members — president IX  1 

free  schools — one  in  each  district — three  months...    IX  2 

establishment  of  schools  mandatory a    IX  2 

school  fund  inviolate — state  treasurer  custodian IX  3 

county  treasurer  collect  and  disburse — warrants IX  4 

school  fund — of  what  consists IX  5 

when  land  will  escheat  to  state  and  become  part 

school  fund 1    IX  5 

county  superintendent  commissioner  of  lands IX  6 

aid  to  sectarian  schools,  churches  forbidden IX  7 

school  district  cannot  make  donation a    IX  7 

school  funds  not  used  for  teaching  sectarian  doc- 
trines     1    IX  7 

religious  test  forbidden  —  sectarian  tenets  —  race  — 

color '. IX  8 

directors  determine  use  of  in  schools 1-2    IX  8 

compulsory  education IX  11 

university — regents — election IX  12 

regents  elect  president — powers IX  13 

regents  control  university — funds IX  14 

school  districts — board  of  directors IX  15 

text  books — general  assembly  nor  board  shall  pre- 
scribe        IX  16 

Revenue  X 

exemption — lots — building  for  worship — schools X  5 

exemption — lots  and  buildings a    X  5 

income  for  school  purposes  exempt f .  .b    X  5 

church  property  not  taxable — when 1    X  5 

corporations  subject  to  tax X  10 

making  profit  on  public  money  felony X  13 

school  board  cannot  make  profit  of  district  money.  .IX  13 

Public  indebtedness XI 

lending  or  pledging  credit  of  state,   county,   city, 

etc.,   forbidden XI  1 

aid  to  corporation — interest  in  by  school  district — 

joint  ownership XI 

loan  for  school  buildings — vote — qualifications XI  7 

debt  incurred  must  be  by  a  vote  of  electors 1  XI  7 

422 


Constitution — Continued  Section 

Officers XII 

embezzlement  disqualifies  from  office XII  4 

civil  officers — oath XII  8 

oath,  where  filed — with  whom XII  9 

refusal  to  qualify — vacancy XII  10 

vacancy — term  of  officer — elected  to  fill XII  11 

duel — challenge — disqualifies  from  office XII  12 

Counties XIV 

county  superintendent — election XIV  8 

vacancy  appointment  by  county  commissioners XIV  9 

elector  only  eligible XIV  10 

not  a  taxpayer  does  not  disqualify 1  XIV  10 

qualification — ceases  to  be  director — when 2  XIV  10 

classify  counties  as  to  fees XIV  15 

Contracts — 

see  Public  contracts. 

Conviction — 

for  second  violation  of  compulsory  education  law 81 

Corporations — 

public  school  money  not  donated  to a  IX  7 

taxation  for  school  purposes X  10 

not  joint  owners  with  district XI  2 

Counties — 

classification  for  regulating  compensation XIV         15 

classification  for  regulating  salary 87 

County  assessors — 

arrange  tax  schedules — list  property  on  May  1st 381 

County  clerk — 

levy  minimum  rate  of  tax  for  school  purposes 38u 

County  commissioners — 

fill  vacancy  in  any  county  office XIV  9 

levy  special  tax  to  pay  interest  on  bonds 22 

levy  tax  to  pay  district  bonds 37 

fill  vacancy  in  office  of  county  superintendent 85 

allow  mileage  to  county  superintendent  when 87 

provide  office  supplies,  etc.,  for  county  superintendent 88 

levy  high  school  tax— limit  of 205 

make  appropriation  for  normal  institutes — issues  warrants. 234 
levy   county   school    tax  —  increase   minimum   rate  —  levy 

special  tax 379 

levy  special  school  tax  for  ensuing  year 381 

423 


INDEX 

County  court —  Section 

try  parent  or  guardian  of  truant  child 77 

commit  juvenile  disorderly  person 78 

inquire  into  question  of  truancy  on  petition 356 

clerk  of — issue  writ 357 

commit  from  truant  school  to  reformatory 362 

County  high  school — 

see  High  schools 190 

county  high  school  bonds 39-46 

County  officers — 

election  of XIV  8 

vacancy  in  office — how  filled XIV  9 

qualifications  XIV  10 

County  school  tax — 
see  Taxes. 

County  superintendent — 

electors  only  eligible  to  office VII  6 

qualification  of  electors 1-5  VII  6 

term  office — duties — qualifications — compensation. . .    IX  6 

embezzlement  disqualifies  from  office XII  4 

oath  required XII  8 

oath  filed  with  county  clerk XII  9 

vacancy — when  created XII         10 

vacancy — term  to  fill XII         11 

election  of XIV  8 

vacancy  in  office — how  filled XIV  9 

not  a  taxpayer  does  not  disqualify. XIV         10 

notify  secretary  of  appeal — advise  parties  of  hearing 8-9 

administer  oaths — decision 10 

not  under  judgment  for  money 12 

keep  record  of  examinations  and  applicants 47 

revoke  teacher's  certificate — cause  for 47 

election — term — oath  and  bond  of 83 

qualifications  1-3         83 

act  till  successor  qualified 84 

failure  to  qualify — vacancy  in  office — appointment 85 

when  office  becomes  vacant 86 

classification  of  counties  to  regulate  salaries 87 

not  entitled  to  compensation — when 87 

compensation  of — office  hours 88 

expenses — how  paid 1         88 

appoint  deputy — how  paid 89 

courts  interfere  with  discretion — when a         89 

deputy — pay b         89 

fractions  of  day  not  recognized c         89 

424 


[NDEX 

County  superintendent — Continued  Section 

deputy,  compensation 1-3         89 

deputy  not  necessarily  resident  of  county 4         89 

deputies  and  assistants — compensation 90 

deputy  not  necessarily  resident  of  county 1         90 

annual  report  to  superintendent  of  public  instruction 91 

penalty  for  failure  to  report 92 

administer  oaths 93 

duties  of  county  superintendent 94 

keep  record  of  books  furnished  school  districts 94 

public  apportionment  of  school  funds 94 

sue  in  official  capacity .   a         94 

electors  fix  boundaries  new  district b         94 

sale  of  school  house — when  void 1         94 

separate  reports — sent  to  whom 2         94 

may  teach 3         94 

not  entitled  to  salary  as  secretary 4         94 

duties    5-6         94 

can  refuse  examination  papers  another  county 7         94 

illegal  expenditure  funds — protest — suit  to  recover  8-10         94 

powers  11-21         94 

appoint  directors 95 

vacancies  on  board — how  filled 1-3         95 

first  class  districts7. , 4         95 

failure  to  hold  annual  election 5         95 

director  must  reside  in  district 6         95 

boundaries  of  school  districts — record 96 

prepare  map  of  school  district 96 

recording  boundaries  ministerial  duty a         96 

boundaries  of  district 1-2         96 

examine  and  correct  census  list — ascertain  deaf  and  blind.  97 

residence    defined 1-8         97 

children's  residence — where : 9-13         97 

minor's  residence — where 14-16         97 

renter's  residence— where 17-18         97 

retain  residence — how 19         97 

apportionment  county  school  fund 98 

notify  district  secretary  of  school  apportionment 98 

counties  own  general  fund  until a   •      98 

transference  of  funds 1 

basis  of  apportionment  of  funds 2 

apportionment  of  school  funds — basis 99 

apportionment  of  fund  for  new  district 1         99 

apportionment  according  to  number  of  school  age 100 

apportionment  case  removal 1        100 

maintain  suit  against  county  treasurer 102 

425 


INDEX 

County  superintendent — Continued  Section 

approve  bond  of  treasurer — file Ill 

fill  vacancy  caused  by  failure  to  qualify Ill 

call  meeting  for  organization  of  new  district  from  -old 131 

establish  and  number  new  district 132 

transfer  to  other  districts * 132 

annex  or  detach  territory  to  district 133 

annul  district  and  annex  territory 135 

extend  time  for  opening  school  in  new  district 135 

divide  funds  upon  formation  of  new  district 140 

apportion  moneys  from  unpaid  special  taxes 140 

hold  examination  of  teachers 149 

collect  fee  from  applicant  for  teachers'  certificate 174 

forward  to  superintendent  of  public  instruction 174 

look  after  fines — penalties  and  forfeitures — report 177 

call  meeting  of  boards  of  directors  of  county 195 

member  of  county  high  school  committee — secretary 195 

fill  vacancy  in  high  school  committee 196 

call  board  to  elect  union  high  school  committee 207 

member  of  union  high  school  committee 207 

select  committee — add  to  teacher's  standing 234 

report  blind  and  deaf  persons 277 

receipt  for  and  distribute  registers  and  blank  books 375 

certify  levy  to  commissioners ,..  .379 

•* 

County  treasurer — 

duties  in  relation  to  school  funds  of  county IX  4 

election  of  XIV  8 

collect  special  tax — cash — cancel  bonds 22 

countersign  district  bonds 21 

compensation  collecting  special  taxes 34 

collect  taxes  to  pay  bonds— pay  to  district  treasurer 37 

duties   of 101 

keep  account  of  fund  of  each  school  district 101 

county  owns  general  fund  until  when a       101 

make  annual  statement  of  school  funds— to  whom 101 

legal  custodian  of  school  funds 1-2       101 

keep  account  of  school  funds 3-5       101 

penalties — fines 6-7       101 

certify  amount  of  tax  collected  and  uncollected 102 

failure  to  pay  over  tax — penalty 102 

separate   account   each   district — endorse   warrants — pay — 

notice 103 

legal  notice 1       103 

warrants ; 2-10       103 

county  treasurer  cancel  all  school  orders 104 

school  orders  cancelled  when  paid 1       104 

426 


INDEX 

County  treasurer — Continued  Section 

county  treasurer  render  quarterly  statement  school  board.  105 

pay  orders  as  registered 106 

county  treasurer  furnish  blanks  to  district  board 107 

failure  to  publish  call  for  payment  school  warrants — mis- 
demeanor   108 

fees — school  taxes 109 

transfer  funds  of  united  district 133 

retain  unpaid  special  taxes  for  new  district 140 

report  to  county  superintendent  amount  of  fines  received.  .150 

pay  warrant  from  high  school  tax 205 

endorse  rate  interest  on  school  warrants 232 

custodian  of  normal  institute  fund 234 

collect  county  school  taxes 379 

certify  amount  special  tax  collected — arrange  tax  schedule.381 

Coupon — 

school  district— bonds  issued 20 

Course  of  study — 

school  board  fix 124 

D 

Deaf  and  blind — 

see  Colorado  school  deaf  and  blind page  315 

Debt— 

contract  only  by  vote  of  electors XI  7 

incurred  by  vote  of  electors 1  XI  7 

funding  floating  debt 12         13 

submitting  question  of  contracting  bonded 13 

election  to  contract — who  vote 13,  143 

limitation  of  bonded  debt 14 

Decision — 

of  county  superintendent  upon  appeal 10 

of  state  board  of  education  upon  appeal 11 

Deficit— 

in  union  high  school  fund 211 

Deputy — 

county  superintendent  appoint — compensation 89 

county  superintendent  maybe  employed — compensation...  90 

Diplomas — 

of  kindergarten  teachers 233 

state,  to  whom  issued 245 

for  eminent  services 246 

without  examination 248 

temporary  non-renewable 249 

revoked  by  state  board  of  education 250 

427 


INDEX 

Diplomas — Continued  Section 

of  state  normal  school  grant — evidence 331 

license  to  teach — when  annulled 332 

no  fee " 333 

Directors — 

electors  only  eligible  to  office VII  6 

qualification  of  electors 1-5  VII  6 

of  school  district — number — powers IX         15 

not  make  profit  from  district  money X         13 

not  make  profit  district  money 1    X         13 

embezzlement,  etc.,  disqualifies  from  office XII  4 

oath  of  office XII  8 

refusal  to  qualify — vacancy XII         10 

vacancy — term  to  fill XII         11 

removing  from  district 1     XIV         15 

name  text  book  for  study  of  alcohol  and  narcotics 1 

enforce  law — penalty 2 

parties  aggrieved  can  appeal  to  county  superintendent....     5 

may  appeal  from  county  superintendent 11 

may  refund  bonded  indebtedness 13 

act  as  judges 16 

issue  bonds — interest 20 

prescribe  form  and  sign  bonds 21 

dispose  of  balance  of  special  tax 31 

examine  teachers  in  districts  of  the  first  class ."'..  47 

grant  certificate — report  to  county  superintendent 47 

in  districts  of  first  and  second  class  appoint  truant  officers.  75 

in  third  class  districts  appoint  truant  officer 76 

county  superintendent  appoint  to  fill  vacancy 95 

county  treasurer  furnish  blanks  to 107 

board  elected  biennially  in  first  class  districts 110 

number — classification   110 

board  elected  annually  in  second  and  third  class  districts.  .110 

number  and  when  elected 110 

first  class  districts — directors — when  elected n       110 

second  and  third  class  dists. — directors,  when  elected. n       110 

mandamus  against  school  district a       110 

who  may  become 1-6       110 

no  vice-president  authorized 7       110 

witness  fees  not  allowed 8       110 

secretary  and   treasurer— offices   distinct 9       110 

qualify  in  20  days — oath — treasurer's  bond — failure Ill 

oath  of 1-5       111 

qualify  in  20  days 6-7       111 

vacancies— how   filled 8-9       111 

bond  of 10-11       111 

428 


I  X  HEX 

Directors — Continued  Section 

must  reside  in  district 12       111 

hold  regular,  special  or  adjourned  meetings. . . .- 112 

meeting  place— notice 1-2       112 

call  special  meeting  in  district  third  class 113 

purpose  of  meeting 1-6       113 

notice  of  meeting 7-9       113 

who  may  call 10       113 

valid  though  not  reported  to  county  superintendent.   11       113 

taxes  when  illegal 12       113 

president  presides  at  meetings  of  school  board 114 

president  signs  orders  on  county  treasurer 114 

president  appears  in  suit 114 

absence  beyond  30  days  works  vacancy 114 

secretary  execute  appeal  bond a       114 

auditing  bills  against  district 1        114 

district  warrants 2-4       114 

suits  against  district '. . . .       5       114 

vacancies    6-10       114 

duties  of  secretary — bond 115 

secretary  take  census 115 

census  showing  1,000— election n       115 

duties  of  secretary 1-3       115 

census  list 4-6       115 

residence  in  district — how  determined 7-33       115 

census  of  deaf  and  blind 34       115 

annexed   territory — census 35       115 

apportionment  of  school  fund  based  on  census 36       115 

further  duties  of  secretary — report 116 

secretary  give  notice — how 1-2       116 

valid  though  not  reported  to  county  superintendent.     3       116 

special  tax  levy 4       116 

secretary  violate  bond 5       116 

secretary  exhibits  quarterly  report  to  board 117 

secretary  keep  quarterly  reports  and  canceled  orders 118 

secretary  render  statement — books  for  inspection 119 

notice  of  special  tax 1       119 

failure  of  secretary  to  report — duty  state  superintendent.  .120 

failure  to  make  annual  report 1        120 

treasurer  countersign  warrants — account — failure — penalty.  121 

warrants — signing  of 1-4       121 

warrants  drawn  for  what  purpose 5-7       121 

county  treasurer  custodian  of  school  funds 8-9       121 

legality  of  interest-bearing  warrants 10       121 

delinquent  officers— penalties 122 

lill  vacancies  in  boards  of  first  class  districts 123 

429 


INDEX 

Directors — Continued  Section 

powers  of  directors 123 

power  to  make  by-laws 123 

filling  vacancies 1       123 

powers  of  board 2-4       123 

employ  and  discharge  teachers 124 

enforce  rules  and  regulations  of  state  superintendent 124 

powers  and  duties 124 

when  provide  books — when  free  text  books 124 

only  secretary  receives  compensation 124 

number  of  teachers — length  of  school — opening  and  closing.124 

fix  course  of  study — exercise — text  books,  etc 124 

hold  real  estate  and  personal  property  in  trust 124 

may  purchase  or  sell  lots 124 

provide  school  furniture — supplies  for  board 124 

rent,  repair,  insure,  build  or  remove  school  houses 124 

require  teachers  to  conform  to  law 124 

suspend  or  expel  pupils — exclude  from  school .124 

admit  pupils  from  adjoining  district 124 

make  report  to  state  superintendent 124 

make  report  to  county  superintendent 124 

fix  wages,  tuition,  compensation  of  secretary 124 

certificate  obtained  after  commencement  of  school. . .  .a     .  124 

lien  law  not  apply  school  buildings b       124 

school  property  held  in  trust c       124 

injunction  not  lie  prevent  discharge  teacher .  .d       124 

ratification  of  contract e       124 

contract  not  made  at  formal  meeting f       124 

certificate  not  collaterally  attacked  except. g       124 

county  superintendent  sue  in  official  capacity h       124 

teacher  discharged  not  appeal i       124 

teacher  discharged  for  cause  only j       124 

revoking  certificate  after  discharging k       124 

appointment  and  acceptance  create  contract 1       124 

hire  teachers 1-23       124 

teacher's  report 24       124 

school  furniture 25-27       124 

discharge  teachers 28-33       124 

fix   salary 34-40       124 

compensation  allowed  secretary 41-44       124 

powers  of  board 45-47       124 

illegal  action  by  board 48-56       124 

vaccination  authorized  by  county  board 57       124 

tuition 58-65       124 

fix  course  of  study — special  branches — admittance. 66-76       124 
text  books 77-84       124 

430 


INDEX 

Directors — Continued  Section 

school  houses — rent — repair — build,   etc 85-108       124 

custodian  of  school  property 109-112       124 

suspend  or  expel  pupils 113-118       124 

number  of  teachers — time 119-136       124 

furnish  clothing  for  indigent  children 137       124 

use  of  district  funds ..  138-145       124 

special  levy 146-149       124 

debts   150-155       124 

payment — general   fund 152-155       124 

payment — special  fund 156-157       124 

contracts  other  than  teachers 158-161       124 

board  of  health 162-163       124 

directors  make  financial  statement 125 

directors  make  financial  statement  other 126 

penalty  for  failure  to  publish 127 

when  changed  from  second  to  first  class — who  constitutes.  129 

election  of — for  new  district 132 

uniting  with  lower  class — who  constitutes 133 

when  joint  district  formed  from  first  class 138 

order  more  than  one  voting  place  in  first  class  district 142 

candidate  for,  in  first  and  second  class  districts 143 

may  purchase  flag — flagstaff — pay  for 155-157 

not  use  general  fund  for  building  or  lots — exception 164 

provide  sterilized  drinking  cups  in  schools n       page  173 

elect  high  school  committee — fill  vacancy 196 

establish  district  high  school— powers— build  or  lease 220 

may  establish  and  maintain  kindergartens 233 

not  interested  in  contract  for  district 235 

designate  branches  to  be  taught  in  schools 239 

may  admit  adults  and  non-residents  to  public  schools 240 

levy  special  tax  for  expense  of  school 379 

certify  necessary  levy  for  special  fund 381 

may  order  levy  for  library 381 

not  reconsider  levy  for  special  tax 382 

not  employ  a  teacher  without  a  certificate 383 

Dismissal — 

of  teacher  for  good  cause 383 

Display— 

of  American  flag 155-156 

of  other  than  United  States  flag— penalty 161-162 

Districts — 

failing  to  maintain  a  school — no  funds IX  2 

organization   of IX  15 

lending  or  pledging  credit  forbidden XI  15 

not  become  joint  owner XI  2 

431 


INDEX 

Districts — Continued  Section 

not  incur  debt  by  loan — except XI  7 

debt  incurred  by  vote  electors 1    XI  7 

submit  question  of  bonds  at  regular  or  special  election 13 

change  in  boundary  line — not  release  property  bond  tax. . .  33 

not  required  to  support  two  high  schools 46 

all  children  must  be  educated 71 

lack  accommodations — compulsory  education  not  apply. ...   82 

county  superintendent  keep  record  of  boundaries. . . . 96 

county  treasurer  keep  separate  report 103 

board  of  directors  of  different  classes — officers 110 

classification   of 110 

special  meeting  in  third  class 113 

purpose  of 1-6       113 

notice  of 7-9       113 

who  may  call 10       113 

valid  though  not  reported  to  county  superintendent..  11       113 

taxes,  when  illegal 12       113 

expenses  of — secretary  keep  account  of 116 

to  be  bodies  corporate — hold  property 128 

lien  law  not  applicable  to  school  buildings*. a       128 

school  property  held  in  trust b       128 

district  established  one  year 1       128 

change  from  second  to  first  class — board  of  directors 129 

census  showing  1,000 — directors — election n       129 

first  class  falling  below  1,000 1       129 

legal  district— what  constitutes * 130 

school  district  operating  one  year 130 

organization— census  list  of  new— unorganized  territory. .  .131 

mandamus  not  control  discretion a       131 

state  board  cannot  change  boundaries b       131 

electors  fix  boundaries  new  district c       131 

organization — number  of  children 1-4       131 

size  of  territory — valuation — children 5       131 

organization — voters — petition    6-11       131 

organization — optional  county  superintendent 12-16       131 

new,  how  organized — election  of  directors — persons  trans- 
ferred    132 

of  first  class,  how  divided 132 

two-third  vote  necessary  to  organize 132 

territory — size — valuation — children  2-3       132 

term  of  office  in  new  district 4-5       132 

family  transferred  back  to  old  district 6       132 

text  books — vote  of  people 7       132 

two  or  more  contiguous — how  united 133 

failure  to  petition  after  notice 133 

uniting  upon  petition  of  legal  voters 1-6       133 

432 


INDEX 

Districts — Continued  Sf«-t1i'ii 

contiguous — when  voted  upon — notice 7-8       133 

debts  of  detached  territory 9       133 

transferring  of  territory 10-14       133 

annexed  territory — census  of 15       133 

organization  of  joint 134 

deputy  not  necessarily  resident  of  county 1       134 

territory  attached  or  detached 2       134 

formed  by  dividing  county 3       134 

elections    '. 4       134 

who  may  vote 5       134 

secretary's  bond — warrants 6       134 

when  new  district  entitled  to  school  money 135 

funds  for  new 135 

annulled  by  county  superintendent 135 

school  actually  commenced 1-2       135 

failure  to  open  school  within  six  months 3       135 

territory  attached  or  detached 4-7       135 

annullment  of 8-11       135 

when  not  annulled 12-16       135 

disposition,  of  fund,  when  district  annulled 17       135 

( 'oitMolidated  districts — 

consolidation  defined 136 

school  board  submit  question 137 

notice — form  of  ballot 137 

consolidated  not  liable  for  debt  of  one 1       137 

call  meeting  to  organize 138 

elect  directors 138 

purchase  site — elect  building — transfer  children 139 

Apportionment    of    genei-al    fund    in    new    district    formed 

from  old 140 

when  cannot  be  annulled 1       140 

teacher's  contract 2       140 

take  and  hold  real  estate — amount 141 

qualified  fee  in  land a       141 

power  to  condemn 1-2       141 

belongs  to  school  district 3       141 

title  obtained  through  individual 4       141 

building  on  school  land 5       141 

elections — see  Electors 142 

candidate  for  director  in  first  and  second  class 143 

of  third  class — power  of  electors 148 

having  children  attend  union  high  school,  support 211 

contributing  to  high  school — election  of  committee 213 

high  school  in  first  class  and  second  class 220 

vote  to  build  or  lease  building  for  high  school. 220 

433 


INDEX 

Districts—Continued  Section 

Consolidated  districts — Continued 

maintain  school  three  months — failure — no  funds 241 

third  class,  limit  for  special  tax 381 

property  in  on  May  1st  assessed 381 

not  reconsider  levy  of  special  tax 382 

Doctrines — 

not  taught  in  public  school IX  8 

Duties — 

of  truant  officer 75 

of  county   superintendent 94 

of  high  school  committee 200 

of  union  high  school  committee 210 

of  state   superintendent 374-376 

Division — 

of  school  funds  upon  formation  of  new  district — basis 140 

Drinking  cups — 

drinking  cups  in  schools n    page  173 

Education —  E 

provision  for  school IX       2-3 

Election— 

who  entitled  to  vote VII          1 

absence  in  civil  or  military  service VII          4 

voters  privileged  arrest  while  attending— except....  VII          5 

of   county   officers XIV          8 

no  person  entitled  to  vote  while  in  prison VII        10 

bond   election   see 13-38 

of  county   superintendent 83 

of  school  directors— classes  of  districts 110 

officers  of  board— by  ballot llo 

annual— notices  posted— publication— ballot 142 

first  class  district— section  amended n       142 

directors— second  and  third  class— election n       142 

census  showing  1,000— directors— election n       142 

annual— place— time— notice 1-3       142 

moving  building— vote 4-6       142 

polls  open  three  hours 7-  8       142 

"judges  of  election ^ 9       142 

tax  levy  reconsidered— when 10-11       142 

electors— directors— qualifications— publish  names 143 

ballots— registration— county  clerk  furnish 143 

judges— challengers— watchers  —  fraud 143 

voting— paths— certificates— taxpayers  —  bribery 143 

qualifications  of  electors 1-5       143 

434 


INDEX 

Election — Continued  Section 

lllegal-when  6-7       143 

judges  of  election  take  oath 8       143 

legal    voter 9-11       143 

elector  not  a  taxpayer  can  vote— when 12-14       143 

must  be  taxpayer  to  vote  on  bonds 15       143 

who  may  challenge— oath 16-17       143 

procuring  site  for  school  house 18       143 

who  may  be  director 19-21       143 

candidacy  when  vacancy  occurs 22       143 

counting  of  votes — tie — special   election 144 

excess  ballots— disposition  of  poll  books 144 

canvass  of  votes— contest : . .  .144 

tie   vote— special   election 1-4       144 

power  of  judges 5       144 

contest  question  for  courts 6-7       144 

county  superintendent  fill  vacancy— when 8       144 

old  board  not  hold  over 9       144 

continued   meeting 10       144 

applies  to  all  school  elections 145 

to  vote  to  build  or  lease  buildings  for  high  school 220 

of  union  high  school  committee 207,  213 

of  superintendent  of  public  instruction 372 

Electors — 

qualifications  of VII          1 

qualified  elector  eligible  civil  or  military  office..       VII          6 

qualifications  of  electors 1-5  VII          6 

voting  bonded  indebtedness 13 

qualification  of % 146 

women  vote — qualifications 147 

powers  of  at  meetings— in  third  class  districts 148 

livery  stable  certain  distance  from  school a       148 

electors  levy  special  tax b       148 

lien  law  not  apply  school  buildings c       148 

who  may  vote 1-  3       148 

stfe  of  school  house  determined  by :  —  4-12       148 

building  of  school  house  determined  by  board 13-23       148 

taxes   24-26       148 

special  levy  27-35       148 

free  text  books— vote  of  people 36-39       148 

tuition    40       148 

to  establish  high  school 191 

Emergency  fund — 

see  also  this  subheading  under  Funds 165,  172 

Exemption — 

from  taxation  of  what  property X          5 

435 


INDEX 

Employer —  Section 

see  Child  labor  law  under  Children 72 

see  Compulsory   education 73 

Eminent  domain — 

district  may  hold  real  estate 141 

Enabling  act — 

land   for   schools 7 

seventy-two  sections  for  university 

school  lands— how  sold 

sale  by  trustee  when  void a 

mineral  lands  excepted 

indemnity  lands n 

Endorsement — 

of  warrants  by  county  treasurer 103 

English  language — 

taught  in  public  schools 2M9 

Examinations — 

of  applicant  appeal  to  state  board 11 

in  districts  of  first  class 47 

record  by  county  superintendent 47 

by  county  superintendent 149 

time   of— age— notification— subjects , 149 

other  than  county  seat  by  deputy — compensation — 149 

endorsement  of 149 

like    grade 149 

normal    school    diploma a       149 

teachers'  high  school  examination 1-  4       149 

time   of   examination t 5       149 

age  of  applicant 6-7       149 

rules  governing  examination 8-9       149 

regular  examination  only 10-12       149 

permits    not   granted 13       149 

endorsements    14       149 

certificates  include  normal  schools'  diplomas 15-26       149 

superintendent  may  appoint  deputy 27-29       149 

special   certificate  for  high   school 30       149 

teacher  not  entitled  to  pay  for  time  lost  attending..      31       149 

state  superintendent  cannot  excuse  from 32       149 

failure    33       149 

eighth   grade 34       149 

answers  filed 35       149 

appeal    36       149 

referred  law 149a 

bar    examination n       149a 

dental  examination -.11       149a 

436 


INDEX 

Examinations — Continued  Section 

application  for  admission   to  bar u      149a 

for  admission  to  union  high  schools 210 

of  kindergarten  teachers 233 

f<»r  state  diploma 245 

for  diploma  of  state  normal  school :;:!1 

Executive  committee — 

of  normal   institutes— duties— transmit    funds 234 

Exemption — 

from  taxation — of  what  property X          5 

Expenses — 

of    trial— transportation    of    juvenile    disorderly    person- 
county  pay 78 

of  district— secretary  keep  account 116 

of  purchasing  and  displaying  flag 157 

of  normal  institute— how  paid 234 

of  superintendent  of  public  instruction 376 

of  school  paid  by  special  tax— when 379 

expiration  of  certificate  during  term 383 

Expulsion — 

of  pupils  by  school  board 124 

F 

Faculty — 

of  state  normal  school,  trustees  appoint,  remove 32J 

Fee— 

applicant  for  teachers'  certificate— pay 174 

registration,  for  normal  institute 234 

for  admission  to  state  normal  school ....329 

Felony — 

directors  making  profit  district  money X         13 

Finances — 

secretary  render  statement  of 119 

of  school  district— treasurer  make  statement 121 

Fines — 

to  comply  with  law  on  alcoholic  drinks  and  narcotics 2 

for  employing  children  during  school  hours— violation 92 

of    employer    failing    to    compel    instruction    of    minor    in 

employ    72 

for  violation  compulsory  education  law 77 

for  failure  of  county  superintendent  to  report 92 

of  county  treasurer  to  pay  over  tax 102 

for  failure  to  publish  call  for  payment  of  school  warrants. 108 
of  secretary  to  make  report 116 

437 


INDEX 

Fines— Continued  Section 

of  treasurer  to  perform  duties — turn  over  moneys 121 

for  superintendent  or  officer  failing  to  perform  duties 122 

collected  by  justice  of  the  peace— payable  to  school  fund... 150 

county  treasurer  to  render  statement 151 

for  setting  fire  public  domain 152 

for  leaving  unprotected  fires 153 

fines  paid  to  school  fund 154 

Flags — 

may  be  purchased— displayed— when 155 

directors  to  purchase  and  display  United  States  flag 155 

each  department  to  keep  flag— size 156 

expense  and  care  of 157 

applies  to  all  institutions 158 

injury    to 159 

superintendent  public  instruction  publish  act 160 

display  of— other  than  U.  S.  exception 161 

violation   162 

state  flag— description 163 

Forfeited— 

money  by  any  district 101 

Forfeitures — 

for  violation  of  school  law — where — county  treasurer  place 

credit  177 

for  failure  to  maintain  school 177 

Forms — 

state  superintendent  print  and  furnish 375 

for  making  reports — printed  with  school  law 475 

for  reports  supplied  by  superintendent  public  instruction.  .384 

oath  of  school  officer No.    1 

oath  of  judges  of  election No.    2 

oath  of  witness— county  superintendent No.    3 

oath  of  witness — board  of  education No.    4 

county  superintendent  bond No.    5 

petition  to  form  new  district No.    6 

order   directing   notice   of   meeting   to    form    new 

district No.    7 

notice  of  meeting  for  organization  of  new  district. No.    8 
record  of  meeting  for  organization  of  new  district.No.    9 

bond  of  district  treasurer  or  secretary No.  10 

request  for  special  meeting  by  ten  legal  voters  —  No.  11 

notice  of  special  election No.  12 

notice  of  annual  meeting— 2nd  and  3rd  class  dis- 
tricts    No.  13 

notice  of  biennial  election No.  14 

438 


INDEX 

Forms — Continued  Section 

record  of  regular  or  special  meetings No.  15 

notification  of  apportionment  of  county  supt No.  16 

teachers'    contract No.  17 

Funds — 

public  school  fund  not  transferred  to  other  funds TX          3 

public  school  custodian— state  treasurer IX          3 

how  distributed  among  counties IX          3 

how  Invested— loss— how   supplied TX          3 

of  public  school— interest  only  expended IX          3 

of  county  and  school  district— how  collected  and  dis- 
bursed     IX          4 

public  school  fund  of  the  state  defined IX          5 

when  land  escheats 1  IX          5 

contribution  to  sectarian  institutions  prohibited TX          7 

of  university— regent  control IX        14 

making  of  profit  forbidden  public  officers X         13 

embezzlement    of— makes    person    ineligible    to    hold 

office    XI          4 

floating  debt— bonds  for 13 

special  fund  pay  past  indebtedness 1        22 

county   superintendent   apportion    general   school   fund   of 

county    98 

basis  of  apportionment 99 

county  treasurer  keep  account  of  school 101 

county  treasurer  makes  annual  statement  of  school 101 

county  owns  general  fund  until a       101 

treasurer  publish  statement  of  district Ill 

apportionment  of  general 120 

annual  report  and  census  list  are  filed .*120 

of  united  district  county  treasurer  transfer 133 

division  of,  upon  formation  of  new  district 140 

to  new  district 140 

county  treasurer  render  statement  of 151 

general  school  funds  not  used  for  building  purposes,  ete...!G-l 

legal  use  of  general  fund 1-3       164 

illegal  use  of  school  funds 4-10       164 

for  what  purposes  special  fund  may  be  used 11-1-       1»>I 

two  school  of  five  months  in  district  not  meet  re- 
quirement          13       164 

money  not  turned  into  general  fund 1}       Itii 

l-.'mci-fH-ncy  fund — 

permanent  school  emergency  or  call  fund 165 

to  be  transferred  from  general  school  fund 1  >'<(> 

treasurer  to  be  custodian  of 167 

when  used 16S 

439 


INDEX 

Funds — Continued  Section 

Emergency  fund — Continued 

payments  when  made , 169 

amount  expended  in  one  year 170 

gifts— contributions 171 

vouchers  approved  by  governor  and  attorney  general .*172 

attorney  general  held  no  money  for  building  from n         72 

moneys  under  act  of  congress— apportionment 73 

normal  institute  fund 74 

applicant  for  teacher's  certificate  pay  fee 74 

fee— when  not  required 1-2        74 

fee— to   whom    paid ' 3-4         74 

fee  for  duplicate  certificate 5        74 

state  normal  institute  fees  turned  into  treasury 75 

apportionment  of  normal  institute  fund 176 

penal,  paid  to  county  treasurer 177 

duties  of  county  treasurer  in  regard  to 1-2       177 

duties  of  county  superintendent  in  regard  to 3       177 

disposition   of  fines 4-5       177 

not  loaned  or  invested 178 

officers   not   loan 179 

no  benefit  from  deposit. 180 

penalty    181 

permanent  fund  from  sale  lands— invested 182 

for  union  high  school— deficit 211 

special  school,  for  maintaining  kindergartens 233 

state   normal    fund 322,  326,  327 

amount  of  state  school 376 

Apportionment  of 377 

distribution 377 

Furniture — 

school  board   provide 124 

G 
Garnishment — 

school  district  subject  to 188 

provisions  apply  to  all  salaries,  wages,  etc 189 

General  assembly — 

not  prescribe  text  book IX         16 

General  school  fund — 
see  Fund. 

German — 

taught   in   public   schools— when 239 

440 


Governor  Section 

approve  use  of  emergency  fund 168 

issue  proclamation  for  Arbor  Day 224 

issue  proclamation  for  Good  R'oads  Day 231 

appoint  trustees  of  state  normal  school 325 

Grades — 

of  certificate  by  county  superintendent 47 

Ground — 

bonds  for  purchasing  school 12 

Guardian — 

»f  truant  child  fined— imprisoned 77 

Gymnastics — 

taught  in  public  schools— when 239 

H 

Hazing— 

unlawful   184 

punishment    185 

punishment  for  in  educational   institutions 186 

jurisdiction   of  justice  of  peace 187 

Hearing — 

see  also  Appeals 5-12 

High  schools — 

county  high  school  bond  see  bonds 39-46 

not  required  to  maintain  two 46 

counties    classified 190 

petition   for  organization— county   superintendent 191 

submission  to  voters 191 

qualified  voters  of  joint  district— vote 191 

three  kinds  of  high  schools— define n       191 

how    maintained n       191 

election  notices  posted  twenty  days— contents 192 

who  may  vote 193 

form    of    ballot 193 

district  board  act  as  judges 193 

canvass  returns— sent  to  county  superintendent 194 

county  superintendent  announce   result 195 

call  directors— elect  committee 195 

county  superintendent  ex-officio   secretary 195 

county  superintendent  has  vote 1-2       195 

county  superintendent  need  not  give  bond 1-2       195 

county  superintendent  no  vote  selecting  committee...    3       195 

county  superintendent  no  salary  as  secretary 4       195 

form   members  high  school   committee 196 

committee — vacancy — how    filled 196 

m 


INDEX 

High  schools — Continued  Section 

expiration  of  office 1-2       196 

meeting  of  committee — regular,   special 197 

twenty  days'   notice  special  meeting 1       197 

high  school  district  body  corporate 198 

may  hold  real  estate 199 

powers  and  duties  of  committee 200 

powers  of  committee 1-5       200 

principal  cannot  be  county  superintendent 6       200 

principal  no  authority  over  county  schools 7       200 

special  certificate  to  teach  in  high  schools 8       200 

warrants  not  drawn  until  levy  made 9       200 

how  high  school  supported ~. 10       200 

powers  and  duties  of  president 201 

powers  and  duties  of  secretary 202 

powers  and  duties  of  treasurer , 203 

powers  and  duties  same  directors  first  and  second  class... 204 

tax  levied  by.  county  commissioner 205 

tax  collected  and  paid  out  by  county  treasurer 205 

tax  paid  out  on  warrant  president  and  secretary 205. 

levy  for  library 205 

high  school  districts  subject  to  this  act 206 

Union  high  schools — 

how   established 207 

kinds  n       207 

committee  at  county  seat a       207 

how  established 1       207 

committee — oath — bond — members   2-4       207 

committee— term— vacancy  208 

committees— meetings    209 

powers  of  committees 210 

has  right  of  body  corporate 1       210 

powers  of  board  not  increased 2       210 

how  maintained 211 

proportion  of  school  fund— deficit 211 

apportionment  of  school  fund 1       211 

forty  weeks  annually 212 

who  may  be  admitted 212 

districts  contributing  voice  in  election 213 

Union  high  schools  counties  of  fourth  and  fifth  classes — 

organization    214 

how  supported 215 

annual    levy — building 215 

addition— outlying  district 216 

no  conflict 217 

board   how   constituted — election 218 

442 


INDEX 

High  schools — Continued  Section 

I'n ion  hi'jh  schools  counties  of  fourth  and  fifth  classes — 
Continued 

committee    1-3       218 

qualifications   to   enter 219 

course  of  study 219 

fiixtrict  high  schools — 
board    in    first    or    second    class    districts    establish    high 

school   220 

High  school  committee — 

see  also  High  school lf'5 

High  school  fund — 

see  also  Funds 205 

High  school  tax — 

see  also  Tax 205 

Holidays- 
school  year— month— week— day— national  holidays 221 

holidays  and  semi-holidays n       221 

legal  holidays— how  observed 1-8       221 

teacher  entitled  to  salary  for  legal  holiday 9-12       221 

vacation— teachers  not  entitled  to  pay 13-14       221 

year    15       221 

time  to  hold  organization 16       221 

hour's   intermission 18       221 

Arlor  day — 

third  Friday  in  April 222 

how  observed  in  schools - 223 

legal  holiday 1       223 

governor  issues  proclamation,  report  of  county  supt 224 

Colorado  day —  % 

first  day  in  August 225 

when  first  day  falls  on  Sunday 226 

Columbus  day — • 
twelfth  day  of  October 227 

Election  day — • 
election  day  in  November 225 

flood  roads  day — 

second   Friday   in   May 229 

public  school  observe 230 

proclamation  of  governor 231 

Humane  treatment  of  animals — 

to  be  taught  in  public  schools 239 

Hygiene — 

taught  in   public  school? 23H 

443 


INDEX 

I 

Indebtedness —  Section 

of  school  districts  not  incurred  by  pledging  credit XI          1 

limit  of  bonded 14 

of    school    district    refunded — new    bonds    issued    in    pay- 
ment  of 35 

Indemnity  land — 

what  constitutes n  enabling  act         15 

Indigent  children — 

relief    •. 79 

Institutes — 

see  Normal  institutes 234 

Interest — 

of  public  school  fund  only  expended IX          ?> 

on  school  district  bonds 20 

on  bonds— special  tax  levied  to  pay 22 

on  United  States  and  state  bonds 32 

on  refunding  bonds 35 

on  new  bonds 35 

on  school  warrants— when  cease 103 

rate  of — on  school  orders  and  warrants — endorsement 232 

J 

Joint  district- 
organization     134 

Judges  of  election — 

administer   oath 18 

in  first  class  district 142 

president,  secretary  and  treasurer  of  school  board  act  as.. 143 

administer  oath  to  challenged  voter 143 

count— declare  results— transmit  report 144 

Judgment — 

state  or  county  superintendent  not  render  for  money J2 

Justice  of  the  peace — 

report  amount  of  fines  collected  payable  to  general  school 
fund   150 

Juvenile  disorderly  person — 

who    is 74 

commitment  of— offense 78 

K 
Kindergartens — 

may  be  established  free 233 

age  of  children 233 

part  of  public  school  system 233 

444 


INDEX 

Kindergartens — Continued  Section 

teachers  have  diplomas 233 

establishment  of  school   mandatory a       233 

certificates 1-5       233 

L 
Librarian — 

'•x-officio — superintendent  of  public  instruction IV         20 

assistant— appointment— duties— salary   378 

Library- 
number  of  volumes — amount  raised  for — report 116 

immoral  books,  etc.,  excluded  from  school — 124 

directors  may  levy  special   tax  for 181,  381 

License — 

see  also  Certificate^. 47 

Limit— 

of  bonded   indebtedness 14 

of  tax  certified  by  county  high  school 205 

of  taxes  for  county  school  purposes 186,  379 

of  special  tax  in  third-class  district 188,  381 

M 
Maintenance — 

of' union  high  school— length  of  school  year 211,  212 

<>f  kindergartens — special  school  fund 233 

Map— 

of  boundaries  of  district— county  superintendent  prepan    ..  W 

Meetings — 

for  contracting  bonded  debt 13 

special  meeting  for  bonding 45 

board  of  directors — regular,  special  or  adjourned 112 

special  in  district  of  third  class— petition— notice 11:'> 

of  school  board  and  district— president  preside  over 114 

secretary  record  proceedings  of 115 

secretary  give  notice  of 116 

to  vote  upon  free  text-books 124 

for  organization  of  new  districts 132 

for  uniting    districts 133 

of  electors  in  third-class  district— officers 148 

of  boards  of  directors  of  county lf»6 

of  high  school  committee 197 

'>f  high  school  committee— special 209 

of  statr   bonrd   of  <>diirMt  inn L'-IJ 


INDEX 

Misdemeanor —  Section 

persons    employing    children    during    school    hours— guilty 

of .63,  72 

failure  to  publish  call  for  payment  of  school  warrants 108 

superintendent   or   officer   failing   to   perform    duty— guilty 
of    122 

Mileage — 

of    county    superintendent — commissioners    may    allow — ex- 
ceptions       87 

Money — 

school  board  not  make  profit  on  district  money X         13 

amount  of— received— expended,   etc.,  by  school  board 116 

Month- 
school— what    constitutes 221 

M  utes— 

see  also  Deaf  and  Blind ° 271 

N 

Narcotics — 

see  Alcoholic  drinks  and  narcotics 1-2 

Non-residents — 

admitted  to  public  schools— when 240 

admitted  to  deaf  and  blind  school 278 

Normal  districts — 

number    of — boundaries 234 

Normal  institutes — 

applicant  for  certificate  pay  fee 174 

state  normal  institute  fund 175 

apportionment    of    funds 176 

organization     of 234 

classification  of  counties 234 

executive    -committee— expenses 234 

funds  arising  from  fees 234 

normal  institute  fund  defined 234 

state  divided   into   districts,    classification   of  county— who 

conduct    234 

expenses  of— how  paid— registration  fee 234 

appropriation  by  county  commissioners 234 

number    of— boundaries 234 

where  held— when— conductor— instructor 234 

county  superintendent  not  entitled  to  pay a       234 

five  per  cent,  credit  for  attendance  at 1-5       234 

session  of 6       234 

teacher  not  paid  for  attendance 7       234 

pay  for  services  as  conductor 8       234 

446 


INDEX 

Normal   institutes — Continued  Section 

time  and  place  of — how  determined 9       234 

certificate   not   endorsed 10       234 

fee   11       231 

meeting  of  committee— by  whom  called 12       234 

attendance  county  superintendent  not  compulsory 13       148 

referred    law 234a-g 

Notice- 
by  county  superintendent  of  appeal 8 

to  adverse  parties  upon  appeal 8 

of  meeting  to  submit  subject  of  contracting  debt 15. 

of  funds  to  pay  warrants 103 

for  presentation  of  school  order  for  payment 106 

of  special  meeting  in  district  of  third  class 113 

of   meetings— secretary   give 116 

of  meeting  to  organize  new  district  from  old 131 

of  meeting  to  unite  district 133 

of  annual  election— how  and  where  posted 142 

publish— failure  to  give 142 

of  intention  to  be  candidate  for  director— publication  of 143 

of  special  election— failure  to  give 144 

of  examination  by  county  superintendent 149 

of  meeting  to  fill  vacancy  in  high  school  committee 196 

thirty  days  before  revocation  of  state  diploma 250 

of  examination  for  state  diploma 252 

to    county    superintendent  —  apportionment  —  state    school 
fund    184,  377 

O 

Oath— 

of    office XII          8 

where    filed XII          9 

upon  appeal 8 

president  of  state  board  of  education  administer 9 

administered  to  challenged  voter 11 

of  county  superintendent 42 

county  superintendent  administer  to  directors,  etc 52 

of  directors— filed    70 

of  challenged  voter 93 

of  office— trustees  of  state  normal  school  take 165 

of  state  superintendent  of  public  instruction 180 

Office- 
challenge  to  fight  duel  disqualifies  for  office XII        12 

of  county  superintendent— commissioners  provide 88 

kept  open  when 88 

of  superintendent  of  public  instruction 37G 

447 


INDEX 

Officer —  Section 

person   convicted    of   embezzlement,    not   eligible   to 

office   XII  4 

subscribe  oath  to  support  constitution XII          8 

file  oath  of  office  with  secretary  of  state XII          9 

failing  to  qualify  office  becomes  vacant XII         10 

elected  to  fill  vacancy— term  expires XII         11 

no  person  fighting  duel,  etc.,  hold  office XII         12 

of  school— failing  to  enforce  act 2 

directors— term— power 110 

duty— failing  or  refusing  to  perform 122 

of  new  district  from  portions  of  old 132 

of  county  high  school  committee 196 

of  union  high  school  committee 207,208 

not  interested  in  public  contract 235 

not  deal  in  warrants 237 

Official  bond— 

,    see  Bond. 

Omission — 

of  county  commissioner  to  levy  school  tax 380 

Orders — 

see  Warrants. 

Organization — 

of  board  of  directors  in  first-class  district 110 

of  new  district  from  old .131,  132 

of  joint   district 134 

P 
Parental  or  truant  school — 

see  also  Truant  schools 352,  363 

Petition— 

of  voters  to  submit  question  of  bonded  debt 13 

of  special  meeting  in  district  of  third  class 113 

for  organization  of  new  district 131 

to  annex  or  detach  territory  to  district 133 

to  submit  question  of  county  high  school— contents 191 

to  commit  child  to  truant  school— contents— verification 357 

Penalty — 
see  Fines. 

Permanent  school  emergency  fund — 

see  also  subheading  under  Funds 165,  172 

Personal  property — 

.  school  board  hold  in  trust 124 

Persons — 

of  school  age  stated  in  report  of  board 116 

448 


INDEX 

Physical  examination  of  children —  Section 

state  superintendent  prepare  test  charts 68 

teacher  report  def ectiveness 69 

expenses,  how  paid 70 

Place— 

of  holding  annual  election    142 

of  holding  normal  institutes    234 

Powers — 

of  truant   officer 75 

of  directors  in  district  of  first  and  second  class 110 

of  directors  to  make  by-laws 123 

of  election  in  district  of  third  class 98,  148 

of  high   school    committee 124,  196 

of  union  high   school   committee 132,  210 

of  directors  over  district  high  schools 128,  220 

President — 

of  directors   sign   bond 21 

administer  oath  to  directors : Ill 

preside  at  meetings  of  school  board  and  district 114 

sign  orders  on  county  treasurer— appear  in  suits 114 

of  school  board  act  as  judges  of  election 143 

of  trustees  of  state  normal  school— duties 330 

President  of  state  agricultural  college — 

recommend  member  of  board  of  examiners 251 

President  of  state  board  of  education — 

administer  oaths  upon  appeal — render  decision 11 

President  of  state  normal  school — 

assist   in   fixing   time   and   place   of   holding   normal   insti- 
tutes    234 

recommend  member  of  state  board  of  examiners 251 

sign    report 334 

President  of  state  school  of  mines — 

recommend  member  of  board  of  examiners 251 

President  of  state  university — 

recommend  member  of  board  of  examiners 251 

Printing — 

of  school  laws — how  paid 375 

registers  and  blank  books— how  paid 375 

Property — 

annexed  to  district  liablo  to  bond  t;ix 33 

of  new  district  formed  from  old 140 

449 
15 


INDEX 

Publication —  Section 

of  call  of  payment  of  school  warrants— failure— penalty...  108 

of  statement  of  district  funds  in  first-class  district Ill 

of  notice  of  annual  election 142 

Public  contracts — 

officers  not  interested  in 235 

directors  not  make  contract  with  board 1-4       235 

school  board  let  contract  to  husband  of  director 5       235 

penalty  236 

officer  dealing  in  warrants— penalty 237 

Public  indebtedness- 
restrictions    concerning XI       1-2 

Public  institutions — 

educational— supported  by  state VIII          1 

what  are  educational VIII          5 

Public  moneys — 

embezzlement    of— makes    person   ineligible   to   hold 
office    XII 

Public  school   income  fund — 
see  Funds. 

Public  school — 

school    lands enabling  act 

support  of— provide  for  sale  of  lands enabling  act         1 

age  of  pupils  who  may  attend IX 

at  least  three  months  in  each  district IX 

providing  for  establishment  and  maintenance  of  free. IX 

fund,  of  what  consists IX 

no  sectarian  doctrines  taught  in IX 

no  distinction  of  race  or  color  in IX 

general  assembly  provide  for  organization IX        1 

prohibition  concerning  text  books IX         1 

corporation  subject  to   school   tax X         1 

alcoholic  drinks  and  narcotics  taught  in  school 

attendance  at  night 7 

number  of— stated  in  report  of  board 11 

school  board  exclude  immoral  books,  etc.,  from 12 

school  board  fix  time  for  opening  and  closing 12 

public— defined     23 

public    school— kinds n       23 

what   constitutes 1-3 

taught  in  English  language— Spanish— German 23 

humane  treatment  to  animals 238 

certificate— modern   languages— music 1       23 

German  when  taught 2-3       23 

public— open  to  children  of  school  age 240 

450 


INDEX 

Public  school — Continued  Section 

who  entitled  to  privileges 1-4       240 

maintain    organizations o       240 

director's   power fi       240 

terms  lengthened  by  private  subscription 7       240 

summer    school 8       240 

building  where  situated - 9       240 

must  be  maintained  three  months— failure 241 

maintain  organization — entitled  to  funds I-.'!       241 

Punishment — 

of  illegal  voting 143 

Pupils- 
no  distinction  of— in  public  school IX          8 

number  in  school— enrolled— attendance  in  report 116 

school  board  require  to  be  furnished  with  books 124 

suspend  or  expel— exclude  under  six  years 124 

admitted  from  adjoining  district 124 

Q 

Qualifications — 

of  electors    VII          1 

of  elector  for  any  civil  or  military  office VII  6 

religious  test  or  qualification  prohibited IX  8 

of  county  officers   XIV         10 

to  issue   bonds 13 

of  teachers    47-149 

of  voters  at  school  election 143 

at  election  to  contract  debt 143 

for  admission  to  district  high  school , 220 

for  admission  to  union   high   school 210-212 

for  conductor  or  instructor  of  normal  institute 234 

of  applicant  for  state  diploma 245-252 

for  admission  of  students  to  state  normal  school 328-329 

Questions — 

for  examination  of  teachers  prepared  by  state  supt 17.  374 

R 
Real  estate — 

school  board  hold,  in  trust 124 

district  take  and  hold,  amount 141 

Recommendation — 

of  state  board  examiners  252 

of  state  superintendent  of  public  instruction 376 

451 


INDEX 

Records —  Section 

of  transactions  of  truant  officers 75 

of  county  superintendent's  office  open  to  inspection 94 

of  organization  of  new  districts 132 

Redemption — 

of   bonds — manner ' 31 

of  refunding  bonds— of  new  bonds 35 

Refunding — 

bonded  indebtedness  of  school  district 35 

Regents  of  University — 

election— term  of  office— body  corporate IX  12 

shall  elect  president— term  of  office— duties IX  13 

shall  have  control  of  funds  of  university IX  14 

Registers — 

state  superintendent  to  print  and  furnish 375 

teacher'  keep  daily— file  with  secretary 384 

additional— kept  by  teacher 384 

Registration  fee — 

normal    institute .- 234 

Registry — 

of  school  district  bonds— when— how 23 

Religion — 

instructions  in  not  to  be  given  in  parental  or  truant  school. 355 
inmates  of  such  school  may  receive  training  in 198,  355 

Religious  service — 

teachers  and  students  not  required  to  attend IX          8 

Removal — 

of    teacher — when 383 

Rent- 
school  houses — school  board  may 124 

Repair — 

school  houses— school  board  may 124 

Report — 

see  also  Biennial  report. 

of  certificates  granted  by  directors  of  first-class  districts..  47 

annual  of  county  superintendent 91 

penalty  for  failure  of  county  superintendent  to  make 92 

secretary  to  preserve  copies  of 115 

make  annually— what  contain 116 

of  school  board— annual 124 

to  state  superintendent 124 

of  election— judges  make  and  transmit 144 

of  fines  collected  by  justice  of  peace 150 

452 


INDEX 

Report — Continued  Section 

of  county  treasurer  of  amount  of  fines  received 151 

county  superintendent  make  annual  of  Arbor  Day 224 

oj:  trustees  of  state  normal  school  contents— verification 334 

Residence — 

of  an  unmarried  person 97 

residence  defined 1-8  97 

children's    residence— where 9-13  97 

minors'   residence — where 14-16  97 

renters'— when   resident '. 17-18  97 

retain    residence— how 19  97 

Revenue — 
see  Taxes. 

Revocation — 

of  certificate  by  county  superintendent 47 

of  state    diploma 250 

Rules — 

of  state  superintendent— board  enforce. 124 

of  meetings  in  third-class  districts 148 

state  board  of  education  adopt 244 

S 

Salary — 

classification  of  counties  for XIV         15 

of  county  superintendent 87 

of  teacher  adult  blind 283 

of  assistant  state  librarian 378 

School- 
see  also  Public  school 238 

School  age — 

defined    242 

School  boards — 
see  Directors. 

School  buildings — 
see  Buildings. 

School  census — 

secretary  take  annually — forward  to  county  supt 115 

copy  for  districts  of  first  and  second  class 115 

of  new  district 131 

basis  of  division  of  school  funds  in  new  district 140 

defined 242 

who  included  in 1-3       242 

School  day — 

what   constitutes 221 

453 


INDEX 

School  districts—  Section 

see  Districts. 

School  fund — 

see  Funds. 

School  furniture — 

school  board  provide 124 

School  for  deaf  and  blind — 

see  subhead  under  State  educational  institutions. 

School  grounds — 

•  district  may  hold  real  estate 141 

creating  debt  to  purchase 143 

School  houses- 
exempt  from  taxation X          5 

lots  exempt  from  taxation a  X          5 

number  and  value  stated  in  report  of  board 116 

school  board  may  rent,  repair,  insure,  build  or  remove 124 

of  new  district  formed  from  old 140 

site  of— fixed  by  electors  in  third-class  district 148 

sale  of— by  electors'  of  third-class  district 148 

School  income  property — 

exempt  from  taxation bX          5 

School  lands — 

sections  16  and  36  are En.  Act  7 

seventy-two  sections  for  university En.  Act  10 

how   sold— price En.  Act  14 

mineral  lands  excepted En.  Act  15 

indemnity    lands En.  Act  15 

School  laws — 

published  by  superintendent  of  public  instruction 375 

how    distributed 375 

School  lots — 

see  Directors  and  Electors. 

exempt  from  taxation X          5 

directors  purchase  or  sell— where 124-81 

directors  may  hold— when 141-91 

School  month — 

221 

Schools — 

see  also  Public  schools 238 

School  year — 

commence  and  end 221 


454 


INDEX 

Seal—  Section 

of  district  attached  to  bonds 21 

of  trustees  of  state  normal  school 324 

Sectarian  institutions — 

appropriations  to,  from  school  fund  prohibited IX          7 

Secretary  of  high  school  committee — 

give  notice  of  meeting :  .196 

Secretary — 

file  transcript  in  office  of  county  superintendent— certify  it.    8 

ascertain  number  of  blind  and  deaf  mutes 97 

preside  in  absence  of  president 114 

give  bond— conditions— approval— where  filed 115 

duties    of 115,  116,  119 

failure  to  file  report  and  census  list ."120 

school  board  to  fix  compensation 124 

give  notice  of  annual  election— failure 142 

publish  or  post  notice  of  candidates  for  directors 143 

act  of  judges  of  election 143 

furnish  ballots 143 

Secretary  of  state  normal  school — 

sign    report 334 

Secretary  of  trustees — 

of  state  normal  school— bond— duties 330 

Secretary  of  state — 

member  of  state  board  of  education 243 

Spanish — 

taught  in  public  schools— when 239 

Special  meetings — 
see   Meetings. 

Special  tax — 

to  pay  interest  on  bonds— cash 22 

amount  of — for  support  of  schools,  etc 116 

to  pay  school  expenses— when  commissioners  levy 379 

directors    certify   amount    commissioners    levy— payable    in 

cash    381 

not  reconsider  levy  of 382 

State  aid  for  weak  districts- 
see  also  subheading  under  Funds Hio-lTU 

State  auditor — 

register    bonds 23 

approve  bond  state  superintendent  of  public  instruction...-.!:] 

draw  warrant  for  printing  school  laws 375 

draw  warrant  for  state  school  funds 377 

455 


INDEX 

State  board  of  education —  Section 

who  shall   constitute— powers— duties IX          1 

not  prescribe  text  books IX         16 

appeal  to,  from  county  superintendent 11 

not  render  judgment  for  money 12 

who   shall   constitute 243 

meeting  and  powers  of 244 

normal   institute   fund 1       244 

grant    diplomas 245 

certificates  from  other  states 1          245 

diploma  for  eminent  service 246 

who  need  not  take  examination 247 

diplomas  without  examination 248 

diplomas  license  for  five  years 249 

temporary  non-renewable  certificate 249 

board  may  revoke  diploma 250 

remove  state  teacher  adult  blind 282 

State  board  of  examiners — 

who   constitutes— how  appointed 251 

applicants  to  be  examined 252 

grades  how  applied 1-2       252 

experience  required  before  examination 3       252 

certificates  from  other  states 4       252 

requirements  of  applicants 253 

State  board  of  health — 

recommend   standard  works   on  narcotics n  1 

State  bonds — 

see  Bonds. 

State  diplomas — 

see  also  diplomas 245-250 

State  educational  institutions — 

charitable   institutions   established VIII          1 

properties  and  moneys — location VIII          5 

locations  changed  when a  VIII          5 

classification   of   appropriations b  VIII          5 

internal  improvement  includes  what c  VIII          5 

no  religious  test  required  for  admission IX          8 

Agricultural  college  at  Fort  Collins — 

college— objects   254 

design  and  objects 255 

qualifications   of   students 256 

programme   — 257 

duration  of  course 258 

academical    year— term— suspension 259 

labor   on  farm— hours 260 

45G 


INDEX 

State  educational  institutions — Continued  Section 

Agricultural   coll  eye  at  Fort   Collins — Continued 

tuition    fees— discrimination 261 

board  control  college  and  farm— by-laws 262 

board  choose  president  and  tutors— vacancy 263 

board  employ  professor  long  term a       263 

employment  extending  over  term b       263 

board  prescribe  duties— confer  degrees 264 

faculty  how  constituted 265 

wages  to  students— boarding  at  cost 266 

A  yri  cultural  coll  eye  at  Fort  Lewis — 

school  of  agriculture,   mechanic  and  house  arts 267 

state  board  of  agriculture  control 268 

Horticulture  and  forestry — 

branch  school  at  Grand  Junction 269 

state  board  agriculture  manage 270 

Colorado  school  for  deaf  and  blind — 

object  of  institution r 271 

name  of  school 272 

educational   institution    of   state ! 273 

trustees— appointment   term 274 

superintendent — appointment    275 

duties  of  superintendent— discharge  of  teachers 276 

admission   of  pupils — support 277 

residents  of  other  states— when  admitted 278 

when  counties  pay  expense 279 

T«i<-lu-r      inliilt   lilhHl— 

office  of  state  teacher 280 

duties  of  teacher 281 

services— report   282 

salary— how    payable— expenses 283 

Imliistrial  school  for  boys — 

industrial   school   established 284 

located— building 285 

board  of  control  appointment— term— vacancies 286 

biennial  report  to  state  superintendent 287 

board  make  rules— appoint  superintendent,  agencies,  etc — 288 

duty  of  board  to  receive  boys 289 

commitment  to  school — term — jurisdiction  of  courts 290 

pun-lit,  guardians  indenture  boys  to  school 291 

treatment— board  may  return,  duty  of  magistrate 292 

discharge  or  bind  boy — when 293 

persons  caring  for  boy— compensation— schooling 294 

clergymen  impart  religious  instruction 295 

457 


State  educational  institutions — Continued  Section 

Industrial  school  for  girls — 

industrial  school  established 296 

board   of  control—appointment— term— superintendent 297 

county  liable  for  maintenance— statement 298 

powers   of  board 299 

board  receive  all  persons  committed 300 

under  .control  of  board 301 

regulations  established  by  board 302 

rules  established  by  board 303 

credit  for  good  behavior 304 

marks  of  credit 305 

release  of  girls 306 

girls  may  be  placed  in  homes 307 

superintendent — duties    308 

superintendent  keep  daily  journal 309 

register— contents    310 

abstract  of  record 31] 

parole    312 

incorrigible  girls  returned  home 313 

commitment— term 314 

jurisdiction  of  courts— summary  proceedings 315 

peace   officers   arrest— when 316 

cause  of  commitment  certified  superintendent 317 

commitment— return  to  county 318 

not  confined  to  jail— appeal 319 

term  of  commitment 320 

school    non-sectarian 321 

State  normal  school — 
establishment    of 322 

State  teachers'  college  of  Colorado — 

state  normal  known  as 323 

trustees— powers— seal— by-laws    324 

governor   appoint   trustees — term — oath 325 

part  public  school  system— apportionment  funds 326 

supervisory   power   over 326 

powers    of   trustees 327 

qualifications— examinations— declaration    328 

open  to  residents  of  states— other  persons— fees 329 

officers   of  board— duties— bond 330 

diplomas— examination— graduation   331 

diplomas  license  to  teach — how  annulled 332 

normal  school  diploma a       332 

registration   of   diploma b       332 

no  fee  for  diploma 333 

458 


INDEX 

State  educational  institutions  —  Continued  Section 

xiutc  teachers'  college  of  Colorado  —  Continued 
no  fee  for  registration  ........................................  l       333 

report  trustees—  contents—  verification  ..........................  334 

Normal  school  at  Ounnison  — 
school  established  at  Gunnison  ..................................  335 

management   ........................................................  336 

School  of  mines  — 
located  at  Golden  ...................................................  337 

board  of  trustees—  term  ............................................  338 

control—  management    .............................................  339 

instruction   provided  for  ...........................................  340 

trustees  cannot  issue  diplomas  except  ....................  a       340 

school  open  to  all  ..................................................  341 

governor  appoints  trustees  consent  senate  ....................  342 

State  home  for  dependent  and  neglected  children  — 
state   home  established  ............................................  343 

board    control—  appointment—  term  ...............................  344 

object—  dependent  children  received—  guardianship  ...........  345 

children  placed  in  private  homes  ................................  346 

guardianship  ceases  ward  becomes  self  supporting  ..........  347 

classes  of  children  returned  to  counties  ........................  347 

State  home  anil  training  school  for  mental  dcf  retires  — 
establish    home  ......................................................  348 

management   state  home  ..........................................  349 

superintendent—  matron—  appointment    .........................  330 

who  admitted  to  state  home  ......................................  351 

Truant  schools  — 
established—  in  what  cities  ........................................  352 

sites—  location—  furniture—  levy    ..................................  353 

officers  —  course  of  instruction  ....................................  354 

no  religious  instruction—  religious  training  ....................  355 

directors  .determine  use  of  Bible  in  school  ..............  1-2       355 

habitual  truant  —  petition  to  court  .............  :  .................  356 

hearing—  commitment—  notice    ....................................  357 

parent  or  guardian  pay  maintenance  ..........................  358 

regulations   for   parole  .............................................  359 

monthly  report—  discharge—  recommitmen  t  .....................  360 

Violation  of  parole—  penalty—  second  parolp  ....................  361 

incorrigible—  committed   to   reformatory  ........................  362 

established  cities  over  25,000,  under  100,000  ......................  363 


studies—  qualifications  of  students  ...............................  361 

(•li;um<>  of  location  of  university  ...........................  a       364 

each  county  entitled  to  one  pupil  free  ..........  .........  365 

459 


INDEX 

State  educational  institutions — Continued  Section 

University — Continued 

tuition  fee 366 

religious  or  irreligious  control 367 

regents— election— term  of  office 388 

departments— degrees— diplomas   369 

report— contents 370 

regents  report  to  state  superintendent  pub.ic  instruction... 371 

State  normal  institute  fund — 

how   constituted 125 

apportioned— used   176 

State  normal  school — 

established  at  Greeley 322 

known  as  state  teachers'  college 323 

trustees— corporate    powers— seal 324 

governor  appoint  trustees— oath— term— superintendent  pub- 
lic instruction  member 165,  325 

part  of  public  school  system— apportionment  of  funds.. 166,  326 

powers  of  trustees 167,  327 

qualifications  for  admission— examination 169,  328 

open  to  residents  of  the  state— other  persons— fees 170,  329 

officers  of  board— duties— bond 171,  330 

diplomas— examination— graduation  172,  331 

diploma  license  to  teach— license  annulled 332 

diploma  license  to  teach— license  annulled a       332 

registration  of  normal  school  diploma 1       332 

no  fee  for  diploma 333 

no   fee  for  registration d.  1       333 

report  of  trustees— contents— verification 334 

at  Gunnison 335-336 

State  school  fund — 

see  Funds. 

State  superintendent  of  public  instruction — 

see  also   Superintendent  of  public  instruction. 

State  teachers'  college  of  Colorado 323 

State  university — 

regents   of— terms IX  12 

president  of— ex-officio  member  of— duties IX  13 

duties  of  board  of  regents IX  14 

Student- 
qualifications  for  admission  to  state  normal  school 328 

sign  statement  to  teach  in  public  schools 329 

460 


INDEX 

Study—  Section 

see  Course  of  study 129 

of  alcoholic  drinks  and  narcotics 1 

course  of,  in  state  normal  school 327 

Suffrage — 

see  Election. 

eligibility  to  offico VII          4 

Suits— 

to  recover  fines,  penalties  and  forfeitures 177 

State  superintendent — 

executive  department  consist  of  whom IV          1 

when   chosen IV          2 

who   eligible IV          4 

vacancy  how   filled IV          8 

ex-officio   state   librarian IV         20 

president  state  board  of  education IX          1 

take  oath  to  support  constitution XII          & 

oath  filed  with  secretary  of  state XII          9 

prepare  test  charts  for  physical  examination 68 

direct  apportionment  of  general  fund— when 120 

publish  flag  act  with  school  law 160 

pay  examination  fees  to  state  treasurer 175 

apportion    state   normal    institute   fund 176 

promote  observance  of  Arbor  Day 224 

certify  to  state  auditor  number  attending  normal  institute. 234 

assist  in  fixing  time  and  place  holding  institute 234 

president  state  board  of  education 243 

president  state  board  of  examiners 251 

fix  bond  for  secretary  state  normal  school 330- 

member  board  of  trustees  state  normal  school 331 

member  of  examining  board  state  normal  school 331 

may  annul  normal  school  diploma 331 

regents  of  state  university  report  to 371 

when    elected— term -JJ72- 

oath  and  bond 

office— duties— powers  374 

furnish  registers  and  blank  books 375 

approve  bills  for  printing  school  lavs 375 

certify  to  state  treasurer  for  blank? 375 

publish   school   laws 375- 

supervision  of  county  superintendent  and  public  schools  —  375 

powers  in  regard  to  certificates 1-9       375 

take  no  part  in  organizing  district 10-11       375 

special    elections 12-13       375 

no  power  to  compel  co.  supts.  to  turn  over  records..      14       375. 

461 


INDEX 

State  superintendent — Continued  Section 

biennial  report— visits— expense 376 

governor  may  require  information  of 376 

apportionment  of  school  fund 377 

two    apportionments 1       377 

assistant    librarian — salary 378 

Suspension — 

of  pupils  by  school  board 124 

T 

Tax- 
see  Special  tax. 

to  pay  principal  of  bonds— interest 22 

amount  of— fixed  by  electors  in  third-class  districts 148 

limit  of  levy  for  high  school— collection— paid  out 205 

no  increase  beyond  legal  rate  to  provide  for  truant  school. 353 
Taxation — 

what  property  exempt X .         5 

corporation  subject  to  tax X         10 

government  land  not  taxable a         22 

Taxes — 

special  tax— commissioners  levy  to  pay  bonds 22 

to  pay  bonds — commissioners   levy 37 

county  treasurer  certify  amount  collected  and  uncollected.102 

county  commissioners  levy  county  school— basis— limit 379 

tax  levy  becomes  lien— when a       379 

property  located  partly  within  district.... b       379 

county  school,  paid  in  cash. 379 

apportionment  of  two  mill  levy 1       379 

duties  of  county  commissioners  in  regard  to  levy... 2-3       379 
commissioners    no    authority    to    change    levies— 

when    certified 4       379 

tax  not  voted — commissioners   levy  when 5       379 

new  levy  in  consolidation— when 6       379 

warrants    drawn— when 7-8       379 

'county  clerk  must  levy— officers  failing— forfeitures 187,  380 

school  board  certify  amount  needed  to  county  commrs 301 

twenty  mill  limit — duties  assessors  and  treasurer 381 

one-tenth  of  one  mill  for  libraries 381 

mandamus  county  commissioners  when a       381 

electors  levy  special  tax b       381 

property  located  partly  within  district c       381 

certify  special  twenty  mill  limit 1-4       381 

levy   for   libraries 5-6       381 

special  levy  in  first  and  second  class  districts 7       381 

special  taxes  collected  on  range  stock— when 8       381 

462 


INDEX 

Taxes — Continued  Section 

cannot  change  school  tax  of  resident. <t       381 

new  levy  upon  consolidation 10       381 

when  warrants  drawn 11       381 

levy  not  to  be  reconsidered 382 

levy  cannot  be~changed 1-7       382 

Teachers — 

not  required  to  participate  in  religious  services IX          8 

penalty  for  failure  to  comply  with  narcotic  law 2 

report  physical  condition  of  pupils 69 

number  employed  stated  in  report  of  board— amount  paid..  116 

school  board  determine  number 124 

board  require  to  conform  to  law 124 

employed  and  discharged  by  school  board 124 

examination    of 149 

pay   examination   fee 174 

of   kindergarten— have    diplomas 233 

examination  of  for  state  diploma 245-253 

of  adult  blind 280 

duties  of  adult  blind  teacher 281 

must  have  license— expiration— proviso 383 

dismissal  of— for  cause  only 383 

certificates— modern    language— music— drawing :  .383 

contracts  generally 7-21       383 

no  compensation  without  license 22-25       383 

salary   26-45       383 

employment    of 45-50       383 

special  subjects  required   of 51-54       3S3 

dismissal   of 55-62       383 

certificate,    expiration    of :. 63-65       383 

authority   over   pupils 66       383 

pupils,   admittance  to  grade 07       383 

janitor  work  not  required  of 68       38S 

married  women  may  teach 69       383 

relatives  of  directors  may  teach 70-71       383 

husband  and  wife  teach  in  same  school 72       383 

teacher   keep   register— statistics— blanks 384 

notify  county  superintendent  of  beginning  and  close  of 

term    384 

reports— forfeiture  of  salary  upon  failure 1-4       384 

jurisdiction    of 5-11       384 

duties   of 12-13       384 

special    teacher 14       384 

directors  power  over  pupil  and  teacher 15       384 

dismissal   of 16       384 

463 


INDEX 

Teachers — Continued  Section 

physician's  certificate  not  required  of 17       384 

no    appeal    on    unaccepted    papers    from    another 

county    18       384 

Teachers'  normal  institutes — 

see  also  Normal  institutes 234 

Teachers'  retirement  fund — 

under  control  of  directors 385 

payable   to  whom 386 

mode  of  securing  fund 387 

Term — 

of  office  of  county  superintendent   88 

of  office  of  school  directors  and  officers 110 

of  office  of  directors  appointed  first-class  districts 123 

of  school  fixed  by  school  board 124 

of  office  of  directors  in  new  district 132 

of  office  of  high  school  committee 196 

of  office  of  union  high  school  committee 208 

of  school  year  of  union  high  school 212 

of  office  of  trustees  of  state  normal  school 325 

of  office  of  superintendent  public  instruction 372 

Territory — 

annexed  to  or  detached  from  district 133 

Testimony — 

taken  upon  appeal  from  directors 10 

none  taken  upon  appeal  from  county  superintendent 11 

Text  books — 

prohibition  in  regard  to IX         16 

when  furnished  free 124 

school  board  designate  kind— not  change— exception 124 

Tie- 
vote  at  regular  election 144 

Time— 

of  holding   institutes 234 

Tobacco — 

penalty  selling  to  children  under  sixteen 4 

Transcript — 

of  record  upon  appeal  to  county  superintendent 8 

of  proceedings  before  county  superintendent 11 

Treasurer  of  school  board — 

of  school  district  advertise— pay  district  bonds 22 

purchase  territorial  bonds— premium 31 

invest  funds  in  United  States  bonds— record 31 

collect  interest  coupons — turn  over  proceeds 32 

464 


INDEX 

Treasurer  of  school  board — Continued  Section 

failure  to  publish  call  for  school  warrants — misdemeanor.  .108 
give  bond— publish  statement  of  district  funds  in  first-class 

district   Ill 

countersign  and  keep  account  of  warrants 121 

take  charge  of  moneys— pay  same  out 121 

render  statement— failure  to  perform  duties 121 

act  as1  judge  of  election ..143 

Truant — 

defined    74 

habitual  to  be  brought  before  county  court 356 

committed  to  parental  or  truant  school— appeal 357 

expense  of,  how  paid 358 

Truant  officer — 

directors  in  first  and  second-class  districts  appoint 75-77 

compensation — powers — duties — record    75-77 

in  third  class  districts 76 

make  complaint  to  county  court 77 

duties    77 

report  indigent  parents  or  guardian 79 

duty  under  parental  or  truant  school  act 356 

Truant  schools — 

no   religious   test IX 

parent  of  truant  child  fined— imprisoned 77 

to  be  established  when— where 352 

building— site— location— no  increase  of  levy 353 

duty    of    board    of    education    to    furnish— of    city    where 

established    353 

powers     and     duties     of    officers— course     of     instruction- 
teachers    35* 

no   religious  instructions  in— regulation 355 

directors  determine  use  of  Bible  in  school 1-2       355 

child  committed  to— by  county  court  on  petition 356 

parent  notified  of  proceedings  to  commit  to 356 

hearing— commitment— notice   to   parent 357 

parent  or  guardian  pay  maintenance 358 

board  of  education  make  rules  for  parole 359 

discharge— re-commitment— monthly   report 360 

violation  of  parole— re-committed 361 

incorrigible  child  committed  to  juvenile  reformatory 362 

established  in  cities  over  25,000,  under  100,000 363 

Trustees — 

of  state  normal  school— number— powers 324 

governor  appoint — term  of  office — oath 325 

superintendent  of  public  instruction— member. ..  ....325 

465 


INDEX 

Trustees — Continued  Section 

appoint    faculty — powers 326 

prescribe  qualifications  of  students 327 

report  of 334 

elect  president— bond  of  secretary 335 

Tuition- 
school  board  determine  rate  for  non-residents 124 


Union  high  school — 

see  also  High  school 207-219* 

United  States  bond — 
see  Bonds. 

University — 

lands   for   support   of —  Rn.  Act         10 

regents— election   IX         12 

regents  elect  president— powers IX         13 

regents   control   university IX         14 

V 
Vacancy — 

in  office  of  county  superintendent— how  filled 86 

of  school    directors— how    filled 95 

of  school    directors1 Ill 

in  board  of  directors— absence  may  work 114 

in  boards  of  first-class  districts 123 

in  judges  of  election— how  filled 143 

in  high  school  committee— how  filled 196 

of  union  high  school  committee— how  filled 208 

Violation— 

of  compulsory  education  law — penalty 80 

Visits— 

of  superintendent  of  public  instruction 376 

Vote— 

of  elector  rejected— when 143 

Voter- 
privileged  from  arrest VII  5 

see  Electors. 

upon  issuance  of  bonds— challenge 18 

two  may  give  notice  of  annual  election 142 

W 

Wages- 
school  board  fix  amount  of  and  pay 124 

466 


INDEX 

Warrants —  Section 

school  fund  disbursed  on  warrant  co.  supt IX          4 

endorsed  by  county  treasurer— listed— draw  interest— paid.. 103 

in  excess  of  tax  levy  unlawful 103 

co.  treas.  pay  in  order  of  registration— notice  to  present..  .106 
failure  of  county  treasurer  to  publish  call  for  payment  of.. 108 
upon  co.  treas.— president  sign— drawn  to  person  indebted.. 114 

secretary  draw  and  countersign 115 

secretary  draw  and  countersign— keep  register  of 115 

treasurer  countersign  and  keep  account  of 121. 

not  drawn  for  payment  of  delinquent  officer 122 

.   .rate  of  school  interest— endorsed  thereon 232 

officer  not  deal  in...  ...235 


46? 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 
BERKELEY 


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expiration  of  loan  period. 


JUL  29  1826 


1924 
OCT  10  195J8 


50m-7,'16 


YC  Of ^23 


2 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 


